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Adverse Possession

The following summaries are of recent published decisions of the California appellate courts, the Ninth Circuit, and the United States Supreme Court. The summaries are presented without regard to whether Severson & Werson represented a party in the case.

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Bailey v. Citibank, N.A., No. F079311, 2021 Cal. App. LEXIS 560 (Ct. App. July 6, 2021)

A party cannot acquire good title by adverse possession against the beneficiary of a deed of trust that was recorded on the property before the alleged adverse possession began.  This is for third reasons.  First, the beneficiary has no right to possession of the property until after foreclosure on the deed of trust.  Since the beneficiary cannot oust the alleged… Read More

Husain v. California Pacific Bank (2021)

Before 2011, one person owned both of two adjoining lots.  Tenants on one of the lots used portions of the adjoining lot for access, parking, and garbage removal, and as a garden.  After 2011, different lenders foreclosed on the two lots, separating their ownership.  Plaintiff bought one of the lots and sued to keep the tenants of the other lot… Read More