Trespassing Laws for California

[Bobby B.]

I have a lawyer friend hoping to file adverse possession for some or all of the lot next to his in a few more years. He included some of it in his fencing, landscaped it, and the owners haven't been seen in years. They will be in for a surprise.

What a scumbag move.

And if you endorse that type of thing, you're no better.

[a1c]

What a scumbag move.

And if you endorse that type of thing, you're no better.

Well, let's remember that's how this country was built.

I can see both sides of the argument. But if you own land somewhere, you need to tend to it. You can't just own property and not care for it, especially when it's completely undeveloped. You need to be a stewart of the land, even if it's just building a basic fence around it.

If you're a land owner somewhere and you don't want to bother visiting your property once every 5 years, just fence it and post "No Trespassing" signs. Problem solved. Otherwise you're just an absentee landowner who doesn't deserve that land that someone else could make a better use of.

[CSACANNONEER]

If you contact the owner and tell him what is going on he will get it posted somehow, if he is smart! Due to:

1. Liability

2. Adverse possession

When it comes to adverse possession or prescriptive easements, all the owner has to to protect his property rights is to allow the use of his property. If you look at the laws, they have wording like "openly and hostily". So, to combat that wording, all the owner has to do is give permision and then, the tresspass is nota "hostile" act. Of course, a smart owner always reserves the right to revoke said permission at any time.

[socal2310]

You could also provide written permission for the person to use the property and that would also prevent adverse possession. Ironically, the shooters may actually protect the property owner from the loss of the land due to adverse possession (would you try to squat on a firing range?).

[E Pluribus Unum]

Well, let's remember that's how this country was built.

I can see both sides of the argument. But if you own land somewhere, you need to tend to it. You can't just own property and not care for it, especially when it's completely undeveloped. You need to be a stewart of the land, even if it's just building a basic fence around it.

If you're a land owner somewhere and you don't want to bother visiting your property once every 5 years, just fence it and post "No Trespassing" signs. Problem solved. Otherwise you're just an absentee landowner who doesn't deserve that land that someone else could make a better use of.

Fencing it is not good enough... what if your scumbag lawyer neighbor rips your fence down and pushes his out?

The logic is asinine. My family had some property in Los Gatos canyon, Colorado, in the middle of BFE. Because of financial issues, we did not see it for 15 years because it takes so long to get there. My dad sold it a few years ago, but had his neighbor torn down the fence and encompassed the property, did my dad deserve to lose it?

I guess the phrase "If you don't use it, you lose it" applies to personal property too.

[a1c]

Fencing it is not good enough... what if your scumbag lawyer neighbor rips your fence down and pushes his out?

Then it wouldn't work. If the property is already fenced off, and if someone else pushes it out, it's trespassing. Doesn't qualify - at least not in California.

The logic is asinine. My family had some property in Los Gatos canyon, Colorado, in the middle of BFE. Because of financial issues, we did not see it for 15 years because it takes so long to get there. My dad sold it a few years ago, but had his neighbor torn down the fence and encompassed the property, did my dad deserve to lose it?

I guess the phrase "If you don't use it, you lose it" applies to personal property too.

It sometimes does, yes. Same applies to abandoned vehicles under certain circumstances.

I should add that that friend of mine is actually tending to that lot - clearing out bushes and small tress - in a high risk wildfire area. The owner hasn't show up in years and doesn't seem to care one bit about the lot, even though neglecting it could lead to increased wildfire risks for his neighbors.

[Bobby B.]

Well, let's remember that's how this country was built.

I can see both sides of the argument. But if you own land somewhere, you need to tend to it. You can't just own property and not care for it, especially when it's completely undeveloped. You need to be a stewart of the land, even if it's just building a basic fence around it.

If you're a land owner somewhere and you don't want to bother visiting your property once every 5 years, just fence it and post "No Trespassing" signs. Problem solved. Otherwise you're just an absentee landowner who doesn't deserve that land that someone else could make a better use of.

Who are you, or anyone else, to tell someone how or what they have to do with their own personal property to "deserve" it?

If I worked for it, paid for it, own it, pay taxes on it -- I deserve it.

[5thgen4runner]

Who are you, or anyone else, to tell someone how or what they have to do with their own personal property to "deserve" it?

If I worked for it, paid for it, own it, pay taxes on it -- I deserve it.

Amen

[a1c]

Who are you, or anyone else, to tell someone how or what they have to do with their own personal property to "deserve" it?

If I worked for it, paid for it, own it, pay taxes on it -- I deserve it.

Who am I? It's not me who's telling it. It's the LAW.

If you don't fence it and leave someone else "occupy" it continuously for 5 years, they may get it then, not you. There are a LOT of ways you can avoid it. Which is why adverse possession cases are actually not that common.

That's how it is, and by the way, it's a statute that's inherited since at least 16th century English common law.

[Bobby B.]

Who am I? It's not me who's telling it. It's the LAW.

If you don't fence it and leave someone else "occupy" it continuously for 5 years, they may get it then, not you. There are a LOT of ways you can avoid it. Which is why adverse possession cases are actually not that common.

That's how it is, and by the way, it's a statute that's inherited since at least 16th century English common law.

We shouldn't have to jump through hoops to rightfully keep what's ours. People spend so much time and effort trying to lay their hands on what doesn't belong to them, like the aforementioned lawyer working to game the system so he can steal his neighbor's land. To me, that's no better than those working the system to suck down entitlements because "they deserve it."

It's wrong and just because "our betters" have been writing it into law over the years doesn't make it right.

[Mesa Tactical]

That is absolutely legal theft in my view.

So, if I own a piece of land in the hills for my retirement, I have to go there every few years to make sure some scumbag hasn't put a fence around it and landscaped it or I could lose it?

It just goes to show that just because attorneys take ethics courses, not all of them are ethical.

English common law. Been this way for hundreds of years, maybe a thousand years.

[taperxz]

If an owner restricts free access once a year, all statutes start over.

[odysseus]

I agree the position of people designing themselves to take over land via adverse position are abhorrent to good men. However as a land owner it is easy enough to just do certain things to protect yourself from this kind of action and easily prove away that kind of action, and it would behoove a land owner to do those basic provisions.

[CavTrooper]

First off, whether I visit my property once a week or once a decade, if I find you on it, you will be removed.

Secondly, the fact that anyone would knowingly tresspass on anothers property, posted or not, shows the level of integrity of that individual. You are a criminal, a thief and a lowlife.

Tresspassers deserve to be arrested on sight, armed tresspassers should be considered a threat and handled as such.

[CSACANNONEER]

First off, whether I visit my property once a week or once a decade, if I find you on it, you will be removed.

Secondly, the fact that anyone would knowingly tresspass on anothers property, posted or not, shows the level of integrity of that individual. You are a criminal, a thief and a lowlife.

Tresspassers deserve to be arrested on sight, armed tresspassers should be considered a threat and handled as such.

I LEGALY tresspass all the time at work. My proffession (Land Surveyor) requires it and the law requires that any owner or tenant grants me access without undo delay. So, while I agree with your emotional response, the facts are that I and many other "tresspassers" am not criminals but, instead we have the legal right to enter your property as needed to conduct our work and you have the legal responsibility to grant me access. If you attept to stop me from doing my job, you can and will be arrested. If you use phyiscal violence while trying to stop me, I will defend myself with whatever means I have at my disposal. Yes, I have had to have land owners physically restrained and almost taken into custody by the local LEOs while I tresspassed on their land. I have heard of LEOs taking people into custody and telling the surveyor to "hurry up because, we can only hold him for X hours" too. So, be careful how you handle tresspassers. Yea, I always attempt to get prior permission when feasable and use these laws as a last resort. I really hate intruding on others but, the job has to be done.