What is the California statute on adverse possession?

Answer 1

California Code of Civil Procedure

§ 321. Possession, when presumed: Occupation deemed under legal title, unless

adverse

In every action for the recovery of real property, or the possession thereof, the person

establishing a legal title to the property is presumed to have been possessed thereof

within the time required by law, and the occupation of the property by any other person

is deemed to have been under and in subordination to the legal title, unless it appear

that the property has been held and possessed adversely to such legal title, for five

years before the commencement of the action.

§ 322. Occupation under written instrument or judgment, when deemed adverse

When it appears that the occupant, or those under whom he claims, entered into the

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, under such claim, for five years, the property

so included is deemed to have been held adversely, except that when it consists of a

tract divided into lots, the possession of one lot is not deemed a possession of any

other lot of the same tract.

§ 323. What constitutes adverse possession under written instrument or

judgment

For the purpose of constituting an adverse possession by any person claiming a title,

founded upon a written instrument, or a judgment or decree, land is deemed to have

been possessed and occupied in the following cases:

1. Where it has been usually cultivated or improved;

2. Where it has been protected by a substantial inclosure;

3. Where, although not inclosed, it has been used for the supply of fuel, or of

Fencing-timber for the purposes of husbandry, or for pasturage, or for the

ordinary use of the occupant;

4. Where a known farm or single lot has been partly improved, the portion of

such farm or lot that may have been left not cleared, or not inclosed

according to the usual course and custom of the adjoining country, shall

be deemed to have been occupied for the same length of time as the part

improved and cultivated.

§ 324. Premises actually occupied under claim of title deemed to be held

adversely

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.

§ 325. What constitutes adverse possession under claim of title not written

For the purpose of constituting an adverse possession by a person claiming title, not

founded upon a written instrument, judgment, or decree, land is deemed to have been

possessed and occupied in the following cases only:

1. Where it has been protected by a substantial inclosure.

2. Where it has been usually cultivated or improved.

Provided, however, that in no case shall adverse possession be considered established

under the provisions of any section or sections of this code, unless it shall be shown

that the land has been occupied and claimed for the period of five years continuously,

and the party or persons, their predecessors and grantors, have paid all the taxes,

state, county, or municipal, which have been levied and assessed upon such land.

Answer 2

It is not a matter of odds, it is a matter of evidence