Divorce and Adverse Possession

At the Orange County Law Office of David P Schwarz we are experience Divorce and Adverse possession lawyers. Please contact our office at 949 735 9266 or via the web. We can also be contacted via email at dpslaw66@gmail.com.

A Divorce and Adverse possession lawyer will explain to his client what is a means of acquiring title to property, after lapse of time, by continued possession. (See C.C. 1007; [acquisition of title to property by adverse possession]; on application of rules of adverse possession to future interest,

Hence, in the ordinary contract for the sale of real estate, the vendor cannot get specific performance by furnishing only a title gained by adverse possession.

Adverse possession differs from prescription, which consists of acquiring a right (such as an easement) after lapse of time by use. he Restatement of Property § 221 uses the term "statutory period" to mean the time stated for the acquisition of an estate in land by adverse possession, and "period of prescription" as the to.

A Divorce and Adverse Possession attorney must show that his clients Occupancy for the period prescribed by the Code of Civil Procedure as sufficient to bar any action for the recovery of the property confers a title thereto, denominated a title by prescription, which is sufficient against all, but no possession by any person, firm or corporation no matter how long continued of any land, water, water right, easement, or other property whatsoever dedicated to a public use by a public utility, or dedicated to or owned by the state or any public entity, shall ever ripen into any title, interest or right against the owner thereof.

At the Orange County law Office of David P Schwarz we will education our client that where an adverse possessor of land left the town, but with intention to return, she did not abandon her claim to the land;  abandonment being a question of intention.

Prescriptive right of way under the five-year statute was acquired where there was adverse use for thirteen years, interrupted only for a year

A Divorce and Adverse possession attorney has to show where respondent owner knew private road had been in continuous use since 1932 and assumed he had prescriptive right to use road, which served as only passable access for several parcels, and owner thereupon used road as though he had right to do so, his use was sufficiently hostile and adverse to support claim of right necessary for easement by prescription.  

Owner of mobile home park failed to establish that its predecessor's encroachment on neighboring bottling facility's private road easement with two mobile homes was sufficiently hostile to extinguish the easement by adverse possession, and thus the predecessor's period of ownership was not tacked onto the current owner's period of adverse possession, absent evidence of how the bottling facility owner used its property or its right of way or what agreements it had with the mobile home park owner's predecessor in interest.

At the Orange County Law Office of David P Schwarz we have dealt with many cases where divorces and adverse possession are very prevalent during the proceedings. Please contact our office to discuss further at 969 735 9266 or via the web. We can also be reached by email at dpslaw66@gmail.com.

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