If i have lived with parents for 13 yrs can i claim adverse possession if they are selling the house?

UPDATED: Oct 2, 2022

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If i have lived with parents for 13 yrs can i claim adverse possession if they are selling the house?

My parents are selling thier home after
living in it for 13 yrs. I have lived
with the whole time they have been in
it and them selling the house would
make me homeless and living on the
streets. Is it possible for me to do an
adverse possession so im not homeless.

Asked on August 14, 2019 under Real Estate Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, you may not. Adverse possession requires several things, but the main or first one is that your possession of the home or real estate be "adverse" or hostile to the homeowner's interests--but if you were allowed to live there, your occupancy was permitted and therefore not hostile. The law does not allow someone to seize possession of propertly from someone who allowed them to use it, occupy it, or live there--it does not let you repay the homeowner's kindness or consideration in allowing you to stay in their home by taking it from them. A permitted occupancy never allows adverse possession.

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