What are the elements of adverse possession?

California, United States of America


The following excerpt is from Hinrichs v. Melton, 11 Cal.App.5th 516, 218 Cal.Rptr.3d 13 (Cal. App. 2017):

The elements of adverse possession are: actual possession under circumstances as to constitute reasonable notice to the owner; possession that is hostile to the owner's title under claim of right or color of title; continuous and uninterrupted possession for five years; and the payment of all taxes assessed on the property. (Nielsen v. Gibson (2009) 178 Cal.App.4th 318, 325, 100 Cal.Rptr.3d 335.) The circumstances that constitute reasonable notice to the owner are sometimes described as possession that is open, notorious and visible. (Id. at p. 326, 100 Cal.Rptr.3d 335.)

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