Blog Archives

“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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Schorr Law Wins Multi-Million Dollar Trial Involving Adverse Possession

After a three week bench trial, Schorr Law’s Zachary D. Schorr, successfully obtained an adverse possession ruling in a multi-million dollar case involving a property located in Hancock Park.  After a lengthy trial, the court issued issued its proposed statement of decision wherein it declared that Schorr Law’s client had successfully obtained a 100% interest in previously co-owned property through adverse possession of a tenant in common’s 50% interest.  Obtaining adverse possession is a difficult proposition in any case but even more so a co-tenancy situation.  In this case, Mr. Schorr was successful in proving that his client  had successfully acquired her co-owners 50% interest in the property through adverse possession and after an ouster had occurred. This case was unusual in that the opposing

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Posted in Adverse Posession, Real Estate Attorney Los Angeles, Wins

Adverse Possession Against a Cotenant

Schorr Law is about to enter week 3 of a trial involving a cotenants’s claim for adverse possession.  Adverse possession is the process by which a person acquires the title of another through prescription.  The typical claim for adverse possession by one co-tenant against another co-tenant involves an ouster combined with payment of taxes for 5 years and the passage of 5 years.  While adverse possession is a concept and term that can be foreign to non-lawyers and lawyers alike, it does exist in the modern day.  Case law suggests the California Supreme Court has been dealing with adverse possession since the mid 1800’s and the claim has not gone away nearly 200 years later. For help with your real estate matter, contact the Los

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

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 Schorr Superlawyers

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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If you are currently involved in a real estate dispute, either commercial real estate or residential, and are looking for a Real Estate Attorney in Los Angeles with a cost-effective, results oriented approach designed to meet your case's specific needs, contact the attorneys at Schorr Law. Our real estate firm has the specific knowledge and experience necessary to get you the best possible results.

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