May an adverse possessor acquire title to a tax exempt owner’s property without paying taxes on the property?

Facts: A nonprofit, tax exempt religious organization owned a property. The neighbor fenced in and improved a portion of the organization’s property. The neighbor maintained consistent and notorious possession of the fenced in property for over five years. The neighbor did not pay property taxes on the improved portion of the property.

Claim: The neighbor sought title to the improved portion of the property, claiming they owned the property through adverse possession since they made and openly maintained improvements on the property for over five years.

Counter claim: The owner claimed the neighbor did not acquire title to the property through adverse possession since the neighbor did not pay property taxes on the improved portion of the property.

Holding: A California court of appeals held the neighbor acquired title to the improved portion of the property through adverse possession, despite the fact the neighbor did not pay property taxes, since the tax exempt, nonprofit religious organization was not required to pay property taxes. [Hagman v. Meher Mount Corporation (2013) 215 CA4th 82]

Related reading:
Legal Aspects of Real Estate Ch. 30: Real estate can be stolen

2 Comments

Pia Thomas on September 26, 2014 at 8:29 pm

PRESCRIPTIVE EASEMENTS IS TOTALLY CONTRARY TO THE AMERICAN RIGHTS TO ENJOY HIS HOME “QUIET ENJOYMENT”
MOREOVER PRESCRIPTIVE EASEMENTS ARE NOT APPLIED EQUALLY TO GOVERNMENT OWNED PROPERTY.

SO!!!

WHY OH! WHY!!! SUCH LITIGIOUS, UNJUST ANTIQUE ENGLISH LAWS ARE ALLOWED TO EXIST AND OVERSTEP THE AMERICAN FREEDOM TO ENJOY THE COMMON CITIZEN’S PROPERTY?

IT IS A DAILY OCCURRENCE THAT ONE HEARS OF GRAVE NEIGHBOR’S FIGHTS AND EVEN DEATH DUE DUE TO INVADING NEIGHBORS WHO UNDER FALSE PRETENSES TAKES ADVANTAGE OF THE TRUSTING, THE OLDER, THE UNACKNOWLEDGED HOME OWNER. ANT THAN AFTER YEARS HE SUDDENDLTY DECLARES POSSESSION OF A PIECE OF LAND FOR WHICH HE HAS NOT AND WILL NOT PAY NEITHER THE MORTGAGE, NOR THE TAXES, NOR THE INSURANCE, NOR THE UPKEEP, NOR THE SAFETY ISSUES, NOR THE INHERENT RESPONSIBILITIES. CONCURRENTLY PRECLUDING THE ONES HOW HAVE AND ARE RESPONSIBLE TO USE THAT LAND AS THEY SEE FIT.

THIS TERRIBLE SUBJUGATION IS :1) WAS USED BY LAND BARONS TO DEFRAUD THE POOR UNEDUCATED FARMER UNDER THE FALSE CLAIM OF NON USAGE. YET THEY DID NOT APPLY THAT SAME LAW TO THEIR VAST MANSIONS AND HUGE QUANTITY OF LAND WHICH WERE NEVER USED BY THEM. NOR WAS THAT APPLIED TO THEIR BANK ACCOUNTS IN SIMILAR STATUS.
IT IS BY NEW TRAVESTY THAT IN MORE MODERN TIME THESE SUBJUGATING ABUSES HAVE BEEN APPLIED TO THE SEMI CITY’S NEIGHBORHOOD LOTS.
THERE ARE SEVERAL QUESTIONS: 1) WHY ARE WE FIGHTING WARS AFTER WARS IN DISTANT UNDER THE NAME OF FREEDOM IF THE AMERICAN CITIZEN CAN NOT EXERCISE THE FREEDOM OF QUITE ENJOYMENT ON HIS OWN HARD EARNED LAND?
2) WHY THE AMERICAN FAMILIES ARE DEPRIVED OF THEIR LOVED ONES TO FIGHT THOSE WARS ?
3) WHY WE ARE MADE POOR IN NAME OF GIVING FREDOM TO PEOPLE WHO HAS NEVER NOR WILL EVER DO ANY THING FOR AMERICA OR THE AMERICANS?
3) WHY CAN’T WE, UNITEDLY BECOME FINALLY AND REALLY FREE, LIVE IN PEACE WITH OUR NEIGHBORS AND FREE OURSELVES FROM THESE ENSLAVING, DEBASING, ANTIQUATED, SELF SERVING LAWS CALLED “PRESCRIPTIVE EASEMENTS” ?