Under the law of California, if the negative term meets all the requirements of law under the claim of the title of the real estate investor title, then that person becomes the real legitimate owner of the abandoned property. If the legal owner of the real estate is owned by the former owner without the outstanding privilege, which is more than the tax concession, then the investor has a property for late property for five years or more or only for a small investment.
Must be acquired. Passive real estate investors who try to achieve title deeds through the principle of inactive possession, are generally more interested in taking this title by claiming right or claiming ownership. Under this principle, the investor needs only to effectively obtain the property and maintain proper jurisdiction required by law.
As described below, an abandoned real estate investor who claims to be captured under the principle of malicious possession does not need to occupy himself or stay on the property to remain in real possession of the property. However, staying on the property is likely to be strong and clear evidence that possession is the real property. Real property can be occupied by lease, remain, or already owned. For example, if you look at the Treasury vs. California appeal case Friedman (1947) 79 CA2D151 In this case, the student got the claim of negative tenure on the residential building through tenants, then managed and rented for five years. He paid real estate taxes by paying rent.
The California court found that it had fulfilled the requirement of effective possession for an ideal title under the right of the declaration. If the property is too much protected, the basin should be “big” to give the original owner a claim of negative occupation throughout the descriptive period. Old cases believe that the package should be sufficiently large and should remain the same during the compulsory period of five years and all aspects of the property claimed by infiltration of cattle or other animals should be protected. If the cover is damaged, it can not save all aspects of property from this infiltration, the property investor or the abandoned claimant should immediately repair the damage or risks which the court has found that this requirement has not been fulfilled.
If the investor or claimant in the abandoned property is under occupation under the claim for the title, then the claimant has to prove that possession was hostile and harmful. The word “hostile” does not mean that the possession was “clearly hostile” to the owner; Its direct meaning is that this possession is “incompatible” with the real owner.) “Provided that in any case, adverse occupation established under the provisions of any section or section of this law shall not be constituted as long as That the land is not occupied and is claimed for five years continuously and the party or persons, their predecessors and their subsidiary state, county or municipality Land has been levied and evaluated. “