Preciado

Preciado v. Wilde

Good Law
139 Cal. App. 4th 321·2006 Cal. App. LEXIS 688·2006 Daily Journal DAR 5563·42 Cal. Rptr. 3d 792·2006 Cal. Daily Op. Serv. 3817
Court of Appeal of CaliforniaMay 9, 2006B182257California1,663 words

Opinion

Opinion

Gilbert, J.

Cotenants have equal possessory rights in land. For one cotenant to establish adverse possession against the other, more is required than to establish adverse possession against strangers.

Plaintiffs Leonard A. Preciado and Jennie R. Preciado appeal a judgment in favor of defendant Elizabeth R. Wilde on their quiet title action. We conclude, among other things, that the Preciados did not establish title by adverse possession. We affirm.

FACTS AND PROCEDURE

Leonard and Wilde, his niece, own two parcels of real property as tenants in common. A house originally stood on the first parcel (lot one) before it was demolished. The second parcel (lot three) is a vacant “back lot.” Wilde owns an undivided three-tenths interest in each parcel, which she inherited from her father.

Wilde’s grandmother lived in the house on lot one until her death in 1956. Thereafter Wilde’s cousins resided there. In 1980, Wilde’s father moved into the house and lived there until his death in 1984.

Leonard decided to purchase Wilde’s interest in the properties for $11,604.60. On September 9, 2002, he wrote her a letter describing her ownership interest, which said: “Parcel (1) you own 2/10 + 1/10…

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