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Adverse Possession Law Students Will Be Tortured With Blackacre Hypos Based On This One!

April 26, 2013 by Leave a Comment

Adverse Possession Owner of a 30-acre parcel of land [owner #1] placed a boundary fence in the wrong place in 1987. Since then, owner #1 has been occupying and improving the .44-acre of the 173-acre parcel owned by owner #2, a religious group. Owner #1 paid no taxes on that .44-acre piece of land, but, because it was a religious organization, owner #2 didn’t pay any either. In 2011, owner #1 brought an action against owner #2 to quiet title on the theory he had acquired title by adverse possession of the parcel. Owner #2 filed a cross-complaint for trespass and ejectment. The trial court granted summary judgment in favor of owner #1. The Court of Appeal affirmed, stating the adverse possessor was excused from the usual requirement that he pay taxes on the disputed land for five years. Hagman v. Meher Mount Corporation  (Cal. App. Second Dist. Div. 6; April 3, 2013) 215 Cal.App.4th 82.

Filed Under: Appellate Law News, Government Law News, Legal News, Real Estate Education, Real Estate Law News

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The Mellor Law Firm, APLC
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