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    jill anne cahill's Avatar
    jill anne cahill Posts: 1, Reputation: 1
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    #1

    Dec 17, 2009, 06:37 PM
    How do I alternatively plead an action for quiet title, an action based upon adverse
    How do I plead a cause of action for quiet title based on a boundary dispute and then plead alternatively for title based upon adverse possession and then plead alternatively for prescriptive easement?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Dec 19, 2009, 10:03 AM

    Hello jill:

    I'm one of the real estate experts here.. Interestingly, one of the reasons I'm an expert here, is NOT because I know a lot of real estate law (and I do), but because I'm able to distinguish between the things our clients CAN do on their own, and those they CAN'T.

    Your matter is ANYTHING but simple. And, there's an even bigger item to consider. Even if I DID know how to plead your case, and I don't, I have NO idea how to defeat the counter argument the opposing lawyer is going to make. You certainly don't think he's just going to lay down because you submit motions, even if they are really pretty.

    You need a real estate litigator.

    excon
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Dec 19, 2009, 03:51 PM

    You can not do action for quiet title unless you are the owner, so you would have to do the adverse possession first.

    Same with the easement, unless you have standing ( own the other property)

    Second, this is not somehting you can do on your own, as excon mentioned, I have been to law school, worked with Justice Dept and I would not even start this without an attorney.
    calgirl58's Avatar
    calgirl58 Posts: 2, Reputation: 1
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    #4

    Dec 24, 2010, 07:57 AM
    Adverse possession is an unpopular thing to do. Most Judges in California do not go for it. Essentially you are asking a judge to allow a non owners right to supercede an owner's right. I know because it happened to me... the non owner lost and I won. All I had to do was show up and prove the land was mine.
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