Tuesday, June 18, 2019
Veiseh v. Stapp
Cal.App. 5th Dist. (F075173) 6/6/19
Plaintiff sued defendant for trespass. The court pointed out that generally, the tort of trespass protects possessory interests and, therefore, a person in actual possession of the land may sue for trespass. Ownership or recorded title to land is not required. Here, following plaintiff's transfer of the property to his daughter pursuant to the California Uniform Transfers to Minors Act, plaintiff continued to occupy the property, which was in violation of the Act's requirement that the property be held for the benefit of the minor. The court ruled in favor of plaintiff, holding that a failure to comply with one or more provisions of the California Uniform Transfers to Minors Act does not render the grantor's continued possession and control of the real property unlawful for purposes of the tort of trespass to realty.