BILL NUMBER: SB 698	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Fuller

                        FEBRUARY 22, 2013

   An act to amend Section 325 of the Code of Civil Procedure,
relating to civil actions.


	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  Section 325 of the Code of Civil Procedure is amended
to read:
   325.  (a) 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  only  in the following cases  only
 :
   (1) Where it has been protected by a substantial enclosure.
   (2) Where it has been usually cultivated or improved.
   (b)  In no case shall adverse possession be considered
established under the provision of any section of this code, unless
it shall be shown   Adverse   possession may be
established for purposes of this c   ode only if the party
or person claiming title shows  that the land has been occupied
and claimed for the period of five years continuously  ,
 and  that  the party or persons,  including
 their predecessors and grantors, have timely paid all state,
county, or municipal taxes that have been levied and assessed upon
the land for the period of five years during which the land has been
occupied and claimed. Payment of those taxes by the party or persons,
 including  their predecessors and grantors  , 
shall be established by certified records of the county tax
collector.