Full question:
What is the law in California regarding adverse possession?
- Category: Real Property
- Subcategory: Adverse Possession
- Date:
- State: California
Answer:
Adverse possession allows a person to claim ownership of property under certain conditions, but it is not commonly favored. In California, the law defines adverse possession in Civil Code Section 325. To establish a claim, a person must: 1. Possess and occupy the land openly and notoriously. 2. Protect the property with a substantial enclosure or cultivate/improve it. 3. Continuously occupy the land for five years. 4. Pay all taxes levied on the property during that time. Each of these criteria is essential. The property must be marked clearly to show the claim, and the possessor must use or improve the land and pay taxes for at least five years. Adverse possession is viewed as a statute of limitations, where the title owner fails to act against the possessor for five years despite obvious use of the property. Once this period passes, the title owner can no longer pursue legal action for trespass or related claims.This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.