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“Adverse” Element for Adverse Possession/Prescriptive Easements

One of the factors for obtaining a prescriptive easement or adverse possession is that the use of land must be “adverse” to the true property owner. What does “adverse” mean? The term “adverse use” “means only that the owner has not expressly consented to [the use] by lease or license….” (Felgenhauer v. Soni (2004) 121 Cal.App.4th 445, 450, 17 Cal.Rptr.3d 135 (Felgenhauer).) The 2006 case of Aaron v. Dunham, 137 Cal.App.4th 1244, provides insight on what the adverse term means.   It provides as follows: “Adverse use” means only that the claimant’s use of the property was made without the explicit or implicit permission of the landowner. As explained in Felgenhauer: “Claim of right does not require a belief or claim that the use is legally justified. [Citation.] It simply

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Posted in Adverse Posession, Prescriptive Easement

Adverse Possession: An Overview

What is adverse possession? Adverse possession is the process of getting the title to a property by continuous possession for a prescribed period of time. How do you establish it? In order to establish a title through adverse possession, all of the following five requirements must be satisfied: 1. Possession must be held under either a claim of right or color of title.  The adverse possessor must either: (1) have a defective document which tries (but fails) to transfer title of the property to the possessor (“color of title”), or (2) the possessor must actually occupy the property with the intent to claim the title to the property (“claim of right”).  It is not enough to just be on the land; you have to show that you intend

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Posted in Adverse Posession, Litigation, Quiet Title, Real Estate Attorney Los Angeles

Zachary Schorr’s Appearance on ABC’s Nightline

Click below to watch Schorr Law’s lead trial counsel, Zachary Schorr,  providing legal commentary on ABC’s Nightline this past week. Zach SchorrMore Posts – Website Follow Me:

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Zachary D. Schorr’s Expert Appearance on the Dr. Phil Show

Zachary D. Schorr’s Expert Appearance on ABC’s Nightline

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Zachary D. Schorr has been named to the Southern California Super Lawyers (Rising Stars) list for attorneys in Real Estate for 5 straight years - 2012, 2013, 2014, 2015 and 2016. Each year, no more than 2.5 percent of the lawyers in the state receive this honor. In 2016 he was also included as one of the top 100 lawyers in Southern California in this category. The selection for this respected list is made by the research team at Super Lawyers.

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