SB 698, as introduced, Fuller. Adverse possession.
Existing law requires that a person claiming title in an action for adverse possession show that the land has been occupied and claimed for a period of 5 years continuously and that all state, county, or municipal taxes levied on the land during that period have been timely paid, as provided.
This bill would make technical, nonsubstantive changes to these provisions.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 325 of the Code of Civil Procedure is
2amended to read:
(a) For the purpose of constituting an adverse possession
4by a person claiming title, not founded upon a written instrument,
5judgment, or decree, land is deemed to have been possessed and
6occupiedbegin insert onlyend insert in the following casesbegin delete onlyend delete:
7(1) Where it has been protected by a substantial enclosure.
8(2) Where it has been usually cultivated or improved.
9(b) begin deleteIn no case shall adverse possession be considered established begin insertAdverse
possession may be established for purposes of this
10under the provision of any section of this code, unless it shall be
P2 1shownend delete
2code only if the party or person claiming title showsend insert that the land
3has been occupied and claimed for the period of five years
4continuouslybegin delete,end delete andbegin insert thatend insert the party or persons,begin insert includingend insert their
5predecessors and grantors, have timely paid all state, county, or
6municipal taxes that have been levied and assessed upon the land
7for the period of five years during which the land has been occupied
8and claimed. Payment of those taxes by the party or persons,
9begin insert includingend insert their predecessors and grantorsbegin insert,end insert
shall be established by
10certified records of the county tax collector.
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