Unclean Hands Defense Defeats Claim Of Adverse Possession.

Two years after the owner of a residence died intestate leaving two sons, plaintiff and her husband changed the locks and placed a “No Trespassing” sign on the property which also indicated she was the owner. Plaintiff and her husband placed a fence around the property and commenced repairs. They recorded a quitclaim deed from the husband to both the husband and wife, a “wild deed.” They paid the property taxes and had all tax documents mailed to their private postal box. Plaintiff and the daughter of one of the sons, as the administrator of the Estate of the original owner, her grandmother, filed competing actions to quiet title. The trial court found in favor of the estate, stating in its statement of decision:  “The evidence at trial showed that recording of a “wild deed” caused the property tax bills to be sent to the [plaintiff and her husband] and not the legal owner. The court is convinced that this “wild deed” was recorded to insure the legal owners would not receive tax bills and thereby be reminded that property taxes were due.” The appellate court affirmed, noting the trial judge had the discretion to apply the defense of unclean hands when a party claiming adverse possession engages in deceitful interference with the true owner’s ability to defeat the claim.  Aguayo v. Amaro   (Cal. App. Second Dist., Div. 3;  February 14, 2013) (Case No. B231194).