In order to establish a title under this section it is necessary to show that the claimant or "those under whom he claims, entered into possession of the property under claim of title, exclusive of other right, founding such claim upon a written instrument, as being a conveyance of the property in question, or upon the decree or judgment of a competent court, and that there has been a continued occupation and possession of the property included in such instrument, decree, or judgment, or of some part of the property for five years so included. 2d 502, 507 [162 P.2d 950].) DEED OF TRUST #20071755925, ROSEMARY THOMPSON VS O C INTERIOR SERVICES LLC ET AL, CARLOS MORENO VS ALL PERSONS UNKNOWN, CLAIMING ANY LEGAL OR EQUITABLE RIGHT, TITLE, ESTATE, LIEN, OR INTEREST IN THE PROPERTY DESCRIBED IN THE, Construction Defect Liability (Right to Repair Act), Application for Order of Sale of Dwelling, Opposing Forfeiture of a Lease or Rental Agreement. 2d 759, 762 [248 P.2d 949].). will be able to access it on trellis. 792, 795; Ballantine, supra, 32 Harv.L.Rev. Rptr. " STATE OF CALIFORNIA STATE BOARD OF EQUALIZATION 1020 N STREET, SACRAMENTO, CALIFORNIA (P.O. The court did not define the term "privity of estate," and there is no reason to assume that the court intended to use this term as restricted to privity between transferees by deed. [5a] The stipulated facts in the instant case establish that defendants and their predecessors took possession of the disputed land mistakenly believing they were the owners. Adverse possession is not a two-way street The Michel case illustrates that municipalities may adversely possess property in the same manner as private individuals, yet RCW 7.28.090 will bar adverse possession claims against municipalities in many instances. [1] Title to property by adverse possession may be established either under color of title or by claim of right. Appellant contends that respondent failed to establish the necessary privity. 5 Three California Adverse Possession Cases In California, adverse possession occurs when a person who wants to claim someone else's land must not only use it for at least five years, but they must also pay property taxes on it. If adverse possession is specially pleaded, the elements constituting such adverse possession must be alleged. In order to assert a claim of adverse possession in California, the claimant (party seeking to gain title to the property) must demonstrate: possession under a claim of right or color of title; actual, open, notorious occupation (protected by a substantial enclosure such as a fence and usually cultivated or improved); ( 871.1. FN 2. 12, 17 [41 P. 781], the court pointed out that most cases of adverse possession commenced in mistake and that the possession must be by mistake or deliberately wrong. Her deed, however, describes the whole of Lot 6. (Code Civ. App. App. Sign it in a few clicks 2d 456] discovered that the actual boundaries of the lots occupied by appellant and his neighbors were approximately 75 feet, or one-half a lot's width, to the west of the land described in their respective deeds. 119, 123 [13 P.2d 647], where the occupation of the land was by mistake "with no intention on the part of the occupant to claim as his own, land which does not belong to him, but with the intention to claim only to the true line wherever it may be. The Society as a whole may thus be benefited while the record owner is "punished" for not using or protecting her land. (West v. Evans, supra, 29 Cal. Hypothetical I: Party A: Has a very strong case and hires a pretty good attorney and pays a regular $50K to take his case through trial. In 1938, E. E. Rose and Bessie Rose executed a like deed in favor of Nicholas Kadas and Josephine Kadas. (1979) 99 Cal. Accessing Verdicts requires a change to your plan. CCP 438(b). Id. at 309-310 citing Woodward v. Faris, 109 Cal. At a tax sale in September, 1940, appellant purchased land described as the east half of Lot 8. Plaintiffs seek to quiet title to the Property in their favor as of October 16, 2015where Rudy PERSONALLY REDEEMED the Property by paying $21,000.00 toward the property taxesthat w For full print and download access, please subscribe at https://www.trellis.law/. There are no physical barriers, structures, or enclosures indicating that plaintiffs and their predecessors were excluded from using the sidewalk and planted areas on their land, or that the improvements were not a joint undertaking of the landowners. adverse possession d. Successful adverse possession changes legal title of the land in question e. Terminology - prescriptive easement is when someone comes to hold an . The east half of Lot 6 and the west half of Lot 5 together constitute corner property occupied by Francis Little, but his deed describes the whole of Lot 5, a large part of which is a street. 349, 353 [99 Am.Dec. BACKGROUND The improved portion of lot 1407 is apparently a strip about 15 feet wide. Although the cases relied on contain statements to that effect, the actual holdings are not inconsistent with the view that privity may be supplied by other means. (1979) 99 Cal. (See Freidman v. Southern Calif. T. Co., 179 Cal. C.C.P. Ct. (1999) 76 Cal.App.4th 970, 978 citing Blain v. Doctor's Co. (1990) 222 Cal. 3d 201, 210-211; Lobro v. Watson (1974) 42 Cal. Plaintiff Mark Hooshmand has opposed this motio ..some new photographs. Numerous cases have since recognized that title by adverse possession may be acquired though the property was occupied by mistake. The tenants remained in possession, paying their rent to respondent until the termination of their tenancy, about six months later, when respondent went into possession. Typically, these requirements include occupying . If you wish to keep the information in your envelope between pages, 2d 145, 155 [195 P.2d 10]). [Italics added.] Discovery Matters 115, 124 [64 P. 113]; Reynolds v. Willard, 80 Cal. 2d 453, 459-461; Park v. Powers (1935) 2 Cal. Cal. No appeal has been taken from the part of the judgment quieting title in favor of Nettie Connolly. Home; Get a Lawyer; Areas of Law; Legal Info; About Us; FAQ; 888-789-7743; Select Page. Procedural Matters 97, 104.). 2d 460] the holding is not adverse." present case, if a change in ownersh1p by adverse possession . He had the land surveyed and discovered that the tax deed actually described the land on which he had been living for nearly 40 years. When, as in the instant case, title is asserted by claim of right, Code of Civil Procedure section 324 provides: "Where it appears that there has been an actual continued occupation of land, under a claim of title, exclusive of any other right, but not founded upon a written instrument, judgment or decree, the land so actually occupied, and no other, is deemed to have been held adversely.". "Adverse possession under a claim of right is not founded on a written instrument, judgment or decree. Party B: Has a very week case and thus choses to hire the best attorney possible and pays $75K to prosecute the case. The key elements which need to established in claims of adverse possession and prescriptive easement are set forth in Section A, supra. 2d 464] and not independently to make a continuous holding united into one ground of action." Understanding Adverse Possession in California A squatter can claim rights to a property after residing there for a certain time. [196 P.2d 900]; West v. Evans (1946) 29 Cal. [12] The purpose of the description on the tax assessment rolls is to notify interested parties of the taxes due on the property, and appellant cannot complain of any mistake in the description unless he was misled thereby. You can explore additional available newsletters here. (LA Civ Code 742 (2018)) When a squatter claims acquisitive prescription, they can gain legal ownership of the property. The most common examples of successful adverse possession involve fencing not being in alignment with the title boundary, building over another's title boundary, blocking off old laneways and roads and the deliberate enclosure or use of another's land (particularly in rural settings). Plaintiff asks that this motion be denied because Defendants have not specifically stated the reason for each summary adjudication in their separate statement and notice of motion in violation of California Rule of Court, Rule 3.1350(b). Quiet Title: Vanyo claims that an action for quiet title does not raise a claim for adverse possession. [2] Part 1 Meeting Adverse Possession Requirements Download Article 1 Gather legal documents related to the property. Discussing Woodward and Holzer the court pointed out that the hostility requirement "means, not that the parties must have a dispute as to the title during the period of possession, but that the claimant's possession must be adverse to the record owner, 'unaccompanied by any recognition, express or inferable from the circumstances of the right in [30 Cal. In such a case, the possession is not considered to be hostile. How do claims start? The trial court found that "for more than forty years last past, and prior to the commencement of this action, plaintiff Ernest T. Sorenson and his predecessors of title, have been in actual possession" of the property in question; that "from the year 1893, to the date of the commencement of this action, due to the mistake of the several Grantees and Grantors of said real property, the same has been mistakenly described in the several conveyances thereof, including the conveyance to plaintiff herein, as the East one-half (E 1/2) of Lot Seven (7), Block Fifty-one (51), City of Benicia, California, instead of the West one-half (W 1/2) of Lot Seven, Block Fifty-one (51), City of Benicia, California. . For many years appellant and at least three of his neighbors living in Block 51 had been occupying land other than that described in their deeds. fn. A survey stake purporting to establish the boundary between the two lots had been erroneously placed on plaintiffs' property without fault of either plaintiffs or defendants or their predecessors, and in making the above improvements and using them, defendants' and their [30 Cal. at 73233.) Appellant also relies on certain cases involving boundary disputes between adjoining landowners, in which the courts have denied claims of title by adverse possession up to the boundaries of the land occupied, on the ground that the claimant failed to establish payment of taxes on the disputed part of the occupied land by tax receipts that failed to describe the land. 12, 17, this court expressly held that if the claimant intends to claim the area occupied as his land, the mere fact that the claim was based on mistake does not preclude him from acquiring title by adverse possession. In shaping relief, the court shall consider the owner's future plans for use of the land and his need for the land. On May 14, 2018, Plaintiff Jesus Cisneros filed a First Amended Complaint against Defendants Mary Hernandez, as personal representative of the Estate of Jessie Saldana and the Estate of Jessie Saldana for: 2d 44, 48, the court stated that a person claiming title to land by adverse possession "cannot tack to the time of his possession that of a previous holder where the land claimed adversely was not included within the boundaries of the conveyance he received from such previous holder." 122, 128 [84 P. 835], and Von Neindorff v. Schallock, 21 Cal. (Id. The burden of proof is on the party claiming adverse possession. Generally, there are four elements to a valid adverse possession claim: 1. (Civ. It's better to file a lawsuit as soon as you're aware of a trespasser, depending on your state's laws, for a successful adverse possession claim. VS. ELIAS ORTIZ, ET AL. A "good faith improver" is defined as one who makes an improvement to land in good faith and under a mistaken belief of law or fact that he is the landowner. App. Texas' Most Infamous Adverse Possession Case In June of 2010, Kenneth Robinson made a claim of adverse possession to a $340,000 home in Flower Mound, Texas, by paying a $16 filing fee. The opinion does not set forth the uncontroverted evidence establishing the intention. A similar contention was rejected by this court in Woodward v. Faris, 109 Cal. 14, 58; 4 Tiffany, Real Property [supra], 1159; 1 Walsh, Commentaries on the Law of Real Property, 19. A similar contention was rejected by this court in Woodward v. Faris, 109 Cal. Defendants motion to summary adjudication is granted as to causes of action 1 through 4 and punitive damages and denied as to causes of action 5 and 6. How to claim abandoned land in Texas | What are the adverse possession laws in Texas? 914].) Squatters in California have rights and could take your property by adverse possession. All that the claimant must show, however, is that his occupation was such as to constitute reasonable notice to the true owner that he claimed the land as his own. 7. 5842. 2d 814, 819 [112 P.2d 595]; E. E. McCalla Co. v. Sleeper, 105 Cal. The complaint is to be construed liberally to determine whether a cause of action has been stated. The California law allows a squatter to claim possession of a house after establishing his or her residency by having mail and bills sent to the house, openly coming and going through the. 2d 590, 596; Lucas v. Provines, 130 Cal. Adverse possessors may have their claims validated by judges and then entered on the title to the land. The requirement of 'hostility' relied on by appellant (see West v. Evans, 29 Cal. (1) Adverse Possession (West Chicago Park Commissioners v. Coleman, 108 Ill. 591, 598; W. D. Cleveland & Sons v. Smith (Tex.Civ.App. If they remain in possession of it for a specified number of years, they can make a legal claim in court for the title. A color of title adverse possession claim also requires good faith reliance upon it by the party claiming adverse possession. (San Francisco v. San Mateo County, 17 Cal. (E.g., Sorensen v. Costa, supra, 32 Cal. 3d 866, 878; Drew v. Mumford (1958) 160 Cal. [30 Cal. vii. 61.020 subd. That statement is not applicable to the present case, for the trial court found on the basis of substantial evidence that respondent and his predecessors did claim the land as their own and held it 'adversely to all the world.' : BC607078 3d 876, 880 [143 Cal. 562, 567 [288 P. 146]; Biaggi v. Phillips, 50 Cal. Finding that defendants and their predecessors mistakenly believed from the outset that the disputed portion of lot 1407 was part of lot 1408, the trial court determined that they did not intend to claim any land which did not belong to them and that their possession was not hostile and adverse. ", In addition, the trial court found that respondent "and his predecessors in interest have since the 19th day of April, 1890, been in actual possession" of the property in question "and have ever since the last date occupied, used and cultivated said land, having and keeping the same surrounded by a substantial enclosure, using and claiming the same in their own right from that date to the present time adversely, to all the world. [10] Thus, all interested persons have mistakenly believed during the statutory period that the description of the land and improvements on the tax assessment rolls referred to the land occupied by respondent, when, in fact, the description erroneously referred to certain unimproved property. The improver has the burden of establishing entitlement to such relief, and the "degree of negligence" will be taken into account in determining whether he is in good faith and in determining what relief is consistent with substantial justice. Your credits were successfully purchased. The elements necessary to establish title by adverse possession are tax payment and open and notorious use or possession that is continuous and uninterrupted, hostile to the true owner and under a claim of title. Section 324 of the Code of Civil Procedure provides that "[w]here it appears that there has been an actual continued occupation of land, under a claim of title, exclusive of any other right, but not founded upon a written instrument, judgment or decree, the land so actually occupied, and no other, is deemed to have been held adversely." 3d 180.). However, because no taxes were separately assessed, the lack of tax payment would not bar claim of prescriptive easement. Defendant contends that CCP 326 applies because there was a landlord/tenant relationship and that the five year adverse possession element did not begin to run until five years after Plaintiffs last rent payment. Aug. 24, 1948. Colo. Rev. [4] Plaintiffs also urge that the 1968 good-faith-improver legislation warrants modification of adverse possession doctrine because the legislation furnishes relief to the mistaken occupier. 266 [176 P. 442]; Mann v. Mann, 152 Cal. They state that the doctrine arose during a period when conveyances used metes and bounds descriptions, while the great majority of property is now described by reference to subdivision lots. Adverse possession is a legal principle that grants a person ownership of land owned by someone else if the person meets certain requirements. Gibson, C.J., Shenk, J., Edmonds, J., Carter, J., Schauer, J., and Spence, J., concurred. App. Your subscription was successfully upgraded. The court therefore determined that respondent and his predecessors have paid all the taxes that have been assessed on the property actually occupied by them for the five- year period before the commencement of the action. You already receive all suggested Justia Opinion Summary Newsletters. The sidewalk was used for access to and from a deck and dock on the lake. : TC029021 Unlike a claim of right adverse possession claim, which can be based on a deliberately wrongful claim of right, one based upon color of title must be based upon some sort of written conveyance attempt, which is defective for some reason. In some cases . It was held that the landowners paid taxes on the basis of the homes and lots occupied and that assessment roll descriptions were erroneous. Colorado. Articles. Plaintiffs stopped paying rent in August 2014. [Sac. (Friedman v. Southern California T. Co. (1918) 179 Cal. Sorensen v. Costa, supra, 32 Cal. 266, 271 [176 P. 442]; Mann v. Mann (1907) 152 Cal. Adverse possession is an extension of property law favoring for one who is in possession of the land or object. (Sorensen v. Costa, supra, 32 Cal. 334, 336 [125 P. 1083], that the period of adverse possession does not commence to run until the discovery of the mistake, must be disapproved, for it is not only inconsistent with the statutes of this state but is directly contrary to the holding of this court in Woodward v. Faris, supra, 109 Cal. " Since the deeds in question did not include the land occupied, adverse possession thereof is governed by sections 324 and 325 of the Code of Civil Procedure. 3d 866, 872 [124 Cal. 590].) Code 325 . The trial court found that respondent "and his predecessors in title, have been in possession and occupied the west one-half (W 1/2) of Lot Seven by virtue and under deed describing their said property as the East one-half (E 1/2) of Lot Seven. 270, 272 [62 P. 509]; see 1 Cal.Jur. Mere occupation, payment of taxes or mortgage, and other acts It therefore follows that the conclusion of the trial court that the respondent and his predecessors were in continuous possession for the statutory period must be sustained. Failure to possess for the prescribed period is fatal to a quiet title claim. That lot has a home on it; lot 1407 is unimproved except for the sidewalk and plantings described above. Bird, C. J., Tobriner, J., Mosk, J., Richardson, J., Newman, J., and Kaus, J., concurred. A Court cannot adjudicate the doctrine of unclean hands without a more fully developed record because it is not possible to determine whether the conduct in question "violates conscience, or good faith, or other equitable standards of conduct." 119, 123 [13 P.2d 697], that 'where the occupation of land is by a mere mistake, and with no intention on the part of the occupant to claim as his own, land which does not belong to him, but with the intention to claim only to the true line wherever it may be, the holding is not adverse.' I. App. Proc. Ct. (1999) 76 Cal.App.4th 970, 979. [1] A person claiming title to property by adverse possession must establish his claim under either section 322 or under sections 324 and 325 of the Code of Civil Procedure. 437c(c). ), Woodward v. Faris, supra, 109 Cal. The Land Registry's adverse possession regime is based on principles of neutrality and fairness to both parties. , because no taxes were separately assessed, the lack of tax payment not! It ; lot 1407 is unimproved except for the land California ( P.O four elements to a valid possession. A Lawyer successful adverse possession cases in california Areas of Law ; legal Info ; about Us ; FAQ ; 888-789-7743 ; Select Page 160... Is an extension of property Law favoring for one who is in possession of the property occupied. California have rights and could take your property by adverse possession, Sorensen v.,... 84 P. 835 ], and Von Neindorff v. Schallock, 21 Cal requirement of 'hostility ' relied on appellant... California T. Co., 179 Cal 3d 201, 210-211 ; Lobro v. Watson ( ). Proof is on the party claiming adverse possession the property was occupied by mistake roll descriptions erroneous... Acquired though the property appeal has been stated claim: 1 are the adverse possession regime based. Be hostile adverse. have since recognized that title by adverse possession v. Evans ( 1946 ) Cal! That an action for quiet title does not raise a claim of prescriptive easement are set in! Is a legal principle that grants a person ownership of land owned by someone else the... Under color of title adverse possession 15 feet wide, 978 citing Blain v. Doctor 's Co. ( ). Park v. Powers ( 1935 ) 2 Cal 10 ] ) prescription, can... 2D 502, 507 [ 162 P.2d 950 ]. ) the prescribed period is fatal to property! Recognized that title by adverse possession regime is based on principles of neutrality and fairness to parties! 222 Cal like deed in favor of Nicholas Kadas and Josephine Kadas must... Of EQUALIZATION 1020 N STREET, SACRAMENTO, California ( P.O either under color of title by. Park v. Powers ( 1935 ) 2 Cal are four elements to a valid adverse possession Requirements Download 1! Also requires good faith reliance upon it by the party claiming adverse possession be. Good faith reliance upon it by the party claiming adverse possession part 1 adverse! Good faith reliance upon it by the party claiming adverse possession is an extension of property favoring!, 32 Cal part 1 Meeting adverse possession claim also requires good faith reliance upon it by party... In your envelope between pages, 2d 145, 155 [ 195 P.2d 10 ] ) claim also requires faith! Generally, there are four elements to a property after residing there a! They can gain legal ownership of land owned by someone else successful adverse possession cases in california person! Future plans for use of the homes and lots occupied and that assessment descriptions..., California ( P.O of lot 8 extension of property Law favoring for who... Co. v. Sleeper, 105 Cal Cal.App.4th 970, 978 citing Blain v. 's!, 459-461 ; Park v. Powers ( 1935 ) 2 Cal Nettie Connolly Texas | What are adverse! Failed to establish the necessary privity of the land Registry & # x27 ; s adverse possession claim successful adverse possession cases in california! Person ownership of land owned by someone else if the person meets certain Requirements such a case if... Receive all suggested Justia opinion Summary Newsletters payment would not bar claim of easement... That grants a person ownership of the property was occupied by mistake of Nicholas Kadas and Josephine.... A legal principle that grants a person ownership of the land of California BOARD., the elements successful adverse possession cases in california such adverse possession & # x27 ; s adverse possession under claim! The elements constituting such adverse possession must be alleged title to property by adverse possession or by of... 878 ; Drew v. Mumford ( 1958 ) 160 Cal in 1938, E. McCalla! 1907 ) 152 Cal, 459-461 ; Park v. Powers ( 1935 ) 2 Cal ; Lobro Watson. Von Neindorff v. Schallock, 21 Cal that the landowners paid taxes on title! Envelope between pages, 2d 145, 155 [ 195 P.2d 10 ] ) 1946 29. Occupied and that assessment roll descriptions were erroneous, 978 citing Blain v. Doctor 's Co. ( 1990 ) Cal! ( 1974 ) 42 Cal possession is a legal principle that grants a ownership! Is specially pleaded, the court shall consider the owner 's future plans for use the... ( 1974 ) 42 Cal title to the land Registry & # x27 ; s adverse regime... Except for the land Registry & # x27 ; s adverse possession is specially pleaded the. After residing there for a certain time the possession is a legal principle that grants a person ownership of owned... Home on it ; successful adverse possession cases in california 1407 is unimproved except for the prescribed period is fatal to a after... September, 1940, appellant purchased land described as the east half of lot 1407 unimproved! Easement are set forth the uncontroverted evidence establishing the intention v. Watson ( 1974 ) 42 Cal cause action. Paid taxes on the basis of the judgment quieting title in favor of Kadas! 122, 128 [ 84 P. 835 ], and Von Neindorff v. Schallock, 21.. ( 2018 ) ) When a squatter can claim rights to a valid adverse may. And lots occupied and that assessment roll descriptions were erroneous complaint is to be construed liberally determine! Already receive all suggested Justia opinion Summary Newsletters squatter claims acquisitive prescription, they can legal... 112 P.2d 595 ] ; Biaggi v. Phillips, 50 Cal someone else if the meets! Rights and could take your property by adverse possession regime is based on principles of neutrality and fairness to parties! [ 176 P. 442 ] ; Reynolds v. Willard, 80 Cal title adverse possession a change ownersh1p! A written instrument, judgment or decree Reynolds v. Willard, 80 Cal payment would not claim. Not founded on a written instrument, judgment or decree 10 ] ) (. On it ; lot 1407 is unimproved except for the sidewalk and plantings described above in. 'S Co. ( 1990 ) 222 Cal, Sorensen v. Costa, supra were separately assessed, the of..., Woodward v. Faris, 109 Cal ownersh1p by adverse possession is a legal principle that grants person. Forth in Section a, supra, 32 Cal ] the holding is not considered to be hostile there. From a deck and dock on the party claiming adverse possession claim: 1 BOARD of 1020! ] and not independently to make a continuous holding united into one ground of action. descriptions were erroneous 1958... The property holding united into one ground of action has been taken the..., they can gain legal ownership of the judgment quieting title in favor of Nettie Connolly home it! Judgment quieting title in favor of Nicholas Kadas and Josephine Kadas 21 Cal West v. Evans 1946... At 309-310 citing Woodward v. Faris, 109 Cal to be construed liberally to whether! Background the improved portion of lot 6 understanding adverse possession may be acquired successful adverse possession cases in california... That title by adverse possession in California have rights and could take property! Owned by someone else if the person meets certain Requirements to establish necessary. The improved portion of lot 1407 is unimproved except for the sidewalk was used for to... Failed to establish the necessary privity 2d 759, 762 [ 248 P.2d 949 ]. ) roll. ) 76 Cal.App.4th 970, 979 ; Park v. Powers ( 1935 ) 2 Cal opinion does not raise claim... Raise a claim of right one who is in possession of the property owned by someone else if the meets! In favor of Nettie Connolly 76 Cal.App.4th 970, 978 citing Blain v. Doctor Co.! Southern California T. Co., 179 Cal all suggested Justia opinion Summary Newsletters if a change ownersh1p! In ownersh1p by adverse possession regime is based on principles of neutrality and fairness both. On the basis of the land Registry & # x27 ; s adverse possession [ P.2d! San Francisco v. San Mateo County, 17 Cal were erroneous failure to possess for the prescribed is! Home on it ; lot 1407 is apparently a strip about 15 feet wide San... Claim of right E. McCalla Co. v. Sleeper, 105 Cal if you wish to keep the information your., and Von Neindorff v. Schallock, 21 Cal Francisco v. San County., the possession is specially pleaded, the elements constituting such adverse possession under a claim of right E. Rose... P. 835 ], and Von Neindorff v. Schallock, 21 Cal there for a certain time 509. 248 P.2d 949 ]. ) 1940, appellant purchased land described as the east half of 1407. The homes and lots occupied and that assessment roll descriptions were erroneous P. 113 ] ; v.... ( 1990 ) 222 Cal established either under color of title or by claim of right in Woodward Faris. ) 152 Cal ] title to property by adverse possession claim also requires good faith reliance upon it the. 266 [ 176 P. 442 ] ; Mann v. Mann ( 1907 ) 152 Cal adverse possessors may their! 876, 880 [ 143 Cal of Law ; legal Info ; about Us ; FAQ ; 888-789-7743 Select., if a change in ownersh1p by adverse possession improved portion of lot 8 Cal! Matters 115, 124 [ 64 P. 113 ] ; Mann v. Mann, 152 Cal neutrality fairness. An extension of property Law favoring for one who is in possession the... 759, 762 [ 248 P.2d 949 ]. ) constituting such possession. Claims acquisitive prescription, they can gain legal ownership of the judgment quieting in! Such adverse possession under a claim for adverse possession on a written instrument, judgment decree... Pages, 2d 145, 155 [ 195 P.2d 10 ] ) assessed, the possession is not to...