What are the elements necessary to establish title by adverse possession?

California, United States of America


The following excerpt is from Turner v. Sekhon, F053169 (Cal. App. 10/24/2008), F053169 (Cal. App. 2008):

"The elements necessary to establish title by adverse possession are tax payment and open and notorious use or possession that is continuous and uninterrupted, hostile to the true owner and under a claim of title. [Citations.]" (Gilardi v. Hallam (1981) 30 Cal.3d 317, 321.) "Section 325 of [the Code of Civil Procedure] requires that to obtain title by adverse possession the land must be occupied and claimed for five years continuously and that claimants or their predecessors must have paid all taxes levied and assessed against the land." (Ibid.) The jury was instructed accordingly.

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