In what circumstances will a court find there be no wrongdoing in disclosing information about outstanding title to land which is in the adverse possession of another party?

California, United States of America


The following excerpt is from Howard v. Schaniel, 113 Cal.App.3d 256, 169 Cal.Rptr. 678 (Cal. App. 1980):

In Lucas v. Pico, 55 Cal. 126, the court found there was no wrongdoing in giving information about an outstanding title to land which is in the adverse possession of another or in rendering services in the acquisition of such a title. Citing Civil Code section 1047, the court in Lucas held participating "in any capacity, whether as principal or as agent, or broker, in a transaction for obtaining a transfer of title to land in that condition (subject to a claim of title by adverse possession) ... is authorized by law ... (and) is neither malum in se nor malum prohibitum" (Lucas v. Pico, supra, 55 Cal. 126, 128-129). Going one step further, we find that participation in such a transaction, specially authorized by statute, is privileged and the presence of good faith in making such a publication is not essential.

Other Questions


In what circumstances will a court change the charge of simple possession of marijuana to the charged offense of possession of possession for sale? (California, United States of America)
In what circumstances would the Court have found that possession for sale and possession for possession of a firearm be a less favourable verdict than the previous verdict? (California, United States of America)
In what circumstances will a court allow a defendant to appeal against his conviction for possession of a firearm and possession of an unregistered firearm pursuant to section 186.22(b)(1) of the Criminal Code? (California, United States of America)
When an arbitration agreement requires the parties to share the costs of arbitration, does the court have jurisdiction to order that party to waive its right to arbitrate the other party's claim? (California, United States of America)
In what circumstances have the courts considered that a confidential informant in a search warrant affidavit represented that the informant was reliable? (California, United States of America)
Can a moving party rely on the adverse party's 'convenience' as a basis of a motion to dismiss the adverse as a witness? (California, United States of America)
What is the test for making a reasonable grounds for arrest within a police department by one officer transmitting information purportedly received from an informer to another officer who had not received such information? (California, United States of America)
Does a patient have a privilege to refuse to disclose confidential information to another patient? (California, United States of America)
Is a party required to request that the court enter judgment on a valid jury verdict in order for that party to have the benefit of the verdict? (California, United States of America)
In what circumstances have courts reversed a judgment entered in a criminal case following a court trial? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.