Disclaimer: This article provides general information on California law. It does not constitute legal advice. Consult a qualified attorney for guidance on your situation.
Detailed Answer
In California, paying property taxes on a parcel does not by itself grant you an ownership interest in that real property. The state recognizes ownership primarily in two ways:
- Title transfer by deed: A valid deed must convey ownership from the current owner to you. The deed must be in writing, signed by the grantor, and recorded with the county recorder’s office. Without a recorded deed in your name, you hold no legal title.
- Adverse possession: Under California Code of Civil Procedure § 318 (Cal. Code Civ. Proc. § 318), you can acquire title if you meet all of the following for at least five continuous years:
- Possession is open, notorious, and visible.
- Use is exclusive and uninterrupted.
- Possession is hostile or under a claim of right.
- You pay all property taxes assessed on the parcel.
Simply paying the tax bill without satisfying the other adverse possession requirements will not transfer title. The tax payment in this context serves only as one element of the claim, not as standalone proof of ownership.
As an alternative, you may acquire an interest by purchasing a tax-defaulted property at a county tax sale. Under California Revenue & Taxation Code § 3691 (Cal. Rev. & Tax Code § 3691), successful bidders can obtain a tax deed after meeting redemption and notice requirements. This process follows a formal auction and strict statutory procedures.
Helpful Hints
- Perform a title search with the county recorder to confirm the current owner and recorded interests.
- Consult an attorney before pursuing adverse possession to ensure you meet all statutory elements.
- Keep detailed records of every tax payment, including receipts and official tax bills.
- Attend property tax auctions only after reviewing relevant county rules and redemption periods.
- Consider a title insurance policy if you plan to purchase or defend property rights.
- Contact your county tax collector’s office for information on payment deadlines and penalties.