BILL NUMBER: AB 1684 CHAPTERED
BILL TEXT
CHAPTER 55
FILED WITH SECRETARY OF STATE JULY 9, 2010
APPROVED BY GOVERNOR JULY 9, 2010
PASSED THE SENATE JUNE 24, 2010
PASSED THE ASSEMBLY MARCH 22, 2010
AMENDED IN ASSEMBLY MARCH 11, 2010
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, 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 require that timely payment of those taxes be
established by certified records of the county tax collector.
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:
(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 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 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, their predecessors
and grantors shall be established by certified records of the county
tax collector.