{"id":371732,"date":"2016-03-31T21:34:27","date_gmt":"2016-04-01T02:34:27","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/california-law\/california-adverse-possession-laws.html"},"modified":"2019-11-15T16:28:14","modified_gmt":"2019-11-15T21:28:14","slug":"california-adverse-possession-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/california-law\/california-adverse-possession-laws.html","title":{"rendered":"California Adverse Possession Laws"},"content":{"rendered":"\n
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California Adverse Possession Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Last updated 11\/12\/2019<\/i><\/p>\r\n

Depending on how one looks at it, adverse possession can either seem like an unfair theft of land by squatters or a justified grant to someone who will actually put the property to good use. Or maybe you\u2019ve never heard of adverse possession before. So how does it work, and what are the particulars in the Golden State? Here is a brief introduction to adverse possession laws in California.<\/p>\r\n

Adverse Possession<\/b><\/h2>\r\n

When someone publicly moves into a neglected property, he or she may acquire title to that property after a certain amount of time has passed. This is called "adverse possession," based on the notion that land should not sit idle. These protections are not valid if the possession of the property is done in secret. California adverse possession laws require at least five years of possession and payment of taxes throughout that period in order to be eligible for legal title.<\/p>\r\n

Adverse Possession in California<\/b><\/h2>\r\n

State adverse possession laws<\/a> can vary significantly. The following table highlights the basics of California\u2019s adverse possession law.<\/p>\r\n\r\n

Code Section<\/p>\r\n<\/td>\r\n

Civ. Proc. \u00a7\u00a7318<\/a>, 325<\/a>, 328<\/a><\/p>\r\n<\/td>\r\n<\/tr>

Time Period Required for Occupation<\/p>\r\n<\/td>\r\n

5 yrs. and Payment of Taxes<\/p>\r\n<\/td>\r\n<\/tr>

Time for Landowner to Challenge\/Effect of Landowner’s Disability<\/p>\r\n<\/td>\r\n

With disability: 20 yrs.; After disability lifted: 5 yrs.<\/p>\r\n<\/td>\r\n<\/tr>

Improvements<\/p>\r\n<\/td>\r\n

–<\/p>\r\n<\/td>\r\n<\/tr>

Payment of Taxes<\/p>\r\n<\/td>\r\n

5 years required<\/p>\r\n<\/td>\r\n<\/tr>

Title from Tax Assessor<\/p>\r\n<\/td>\r\n

–<\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

How to Claim Adverse Possession<\/h2>\r\n

Generally, there are four elements to a valid adverse possession claim:<\/p>\r\n

1. Hostile Claim <\/b>– The trespasser must either:<\/p>\r\n