Bakersfield California Complaint to Quiet Title by Adverse Possessor with Unknown Defendants

State:
Multi-State
City:
Bakersfield
Control #:
US-02716BG
Format:
Word; 
Rich Text
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Description

A quiet title action is a civil lawsuit brought for the purpose of determining conflicting claims to real property. The action affects only those properties identified in the complaint. The action can target specific individuals who have or may claim an interest in the property (sometimes referred to as a quasi in rem proceeding); and it can sometimes be expanded to include all persons, known and unknown, who might have some interest in the property (an in rem action). A quiet title action, when properly conducted in accordance with statutory and constitu¬tional requirements, can resolve all claims and conflicts regarding the property in a single proceeding.


Most quiet title actions are based on adverse posses¬sion, in which the plaintiff alleges that he and his predecessors-in-interest have openly and notoriously claimed the property over a period of years and have paid the property taxes. Title to land can be acquired by holding it adversely to the true owner for a certain period of time. In this case, the person in possession gains title by adverse possession. The person in possession automatically becomes the owner of the property even though the person had no lawful claim to the land. In order to acquire title in this manner, possession must be actual, visible, exclusive, and continuous for a period of time. In Mississippi, the period of time is ten years. State statutes vary with regard to this period of time.


In addition to identifying adverse claimants, the plaintiff must undertake a diligent effort to give them notice of the action so that they can defend themselves. Since courts do not favor forfeitures of property interests, the plaintiff must satisfy both statutory and constitutional requirements for notice and due process. The best form of notice is personal service on the defendant(s). If a defendant cannot be served personally, states have enacted laws outlining the minimum procedures to be followed for constructive service of process on unknown or claimants that cannot be located. These minimum procedures may require mailing notice by certified mail, return receipt requested, to the last known address of a claimant; giving notice to the secretary of state for a defunct corporation; posting notice on the land; and publishing notice of the complaint in a local newspaper.

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FAQ

Industries in and around Bakersfield include natural gas and other energy extraction, mining, petroleum refining, distribution, food processing, and corporate regional offices. The city is the birthplace of the country music genre known as the Bakersfield sound.

Dubbed ?Nashville West,? Bakersfield is renowned for its contributions to country music and is the home of many recording artists, including Merle Haggard and Buck Owens. Educational institutions include Bakersfield (community) College (founded 1913) and California State University, Bakersfield (1965).

Living in Bakersfield offers residents a dense suburban feel and most residents own their homes. In Bakersfield there are a lot of parks. Many families and young professionals live in Bakersfield and residents tend to have moderate political views. The public schools in Bakersfield are above average.

In 2021, there were 1.13 times more White (Non-Hispanic) residents (122k people) in Bakersfield, CA than any other race or ethnicity. There were 108k White (Hispanic) and 55.6k Other (Hispanic) residents, the second and third most common ethnic groups. 52% of the people in Bakersfield, CA are hispanic (207k people).

Bakersfield, California's cost of living is 10% higher than the national average.

Bakersfield was first established in 1859. It was originally known as Kern County. The original name of the town was Wheat Fields, and it was later changed to Bakersfield in 1863 named after Thomas Baker who settled on the banks of the Kern river due to the California gold rush.

Industries in and around Bakersfield include natural gas and other energy extraction, mining, petroleum refining, distribution, food processing, and corporate regional offices. The city is the birthplace of the country music genre known as the Bakersfield sound.

With a population of around 405,000, Bakersfield saw a violent crime rate of 498 per 100,000 in 2022, which is 27% higher than the national average, ing to the study. In 2022, there were over 15,500 incidents of property crime in Bakersfield, PropertClub says.

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Bakersfield California Complaint to Quiet Title by Adverse Possessor with Unknown Defendants