Can a mistake be found to be a cause of hostile possession?

California, United States of America


The following excerpt is from Stevens v. Amos, C081577 (Cal. App. 2019):

Hostile possession may be established when the occupancy or use occurred though a mistake. An exception exists "where the possessor does not claim that his fences mark the true line but intends to move them to the true line when it is discovered. It was pointed out that in such cases the possessor is not claiming adversely." (Gilardi v. Hallam (1980) 30 Cal.3d 317, 322.)

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