BILL NUMBER: AB 1684 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Jeffries
JANUARY 26, 2010
An act to amend Section 325 of the Code of Civil Procedure,
relating to civil actions.
LEGISLATIVE COUNSEL'S DIGEST
AB 1684, as introduced, Jeffries. Civil actions: 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 the period of 5 years continuously, and the party or
person, their predecessors and grantors have paid all taxes, as
provided.
This bill would provide that payment of those taxes shall be
established by certified records of the county tax collector.
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 in the following cases only:
First-- Where
(1) Where it has been protected
by a substantial inclosure enclosu
re .
Second-- Where
(2) Where it has been usually
cultivated or improved.
Provided, however, that in
(b) In no case shall adverse
possession be considered established under the provision of any
section or sections of this Code
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
state , county, or municipal , which
taxes that have been levied and assessed upon such
the land. Payment of those taxes by the
party or persons, their predecessors and grantors shall be
established by certified records of the county tax collector.