What are the elements of adverse possession in common law?

1 We begin with the elements of adverse possession. "(1) Possession must be by actual occupation under such circumstances as to constitute reasonable notice to the owner. (2) It must be hostile to the owner's title. (3) The holder must claim the property as his own, under either color of title or claim of right. (4) Possession must be continuous and uninterrupted for five years. (5) The holder must pay all the taxes levied and assessed upon the property during the period. [Citations.]" (Dimmick v. Dimmick (1962) 58 Cal.2d 417, 421, 24 Cal.Rptr. 856, 374 P.2d 824.)

1 We begin with the elements of adverse possession. "(1) Possession must be by actual occupation under such circumstances as to constitute reasonable notice to the owner. (2) It must be hostile to the owner's title. (3) The holder must claim the property as his own, under either color of title or claim of right. (4) Possession must be continuous and uninterrupted for five years. (5) The holder must pay all the taxes levied and assessed upon the property during the period. [Citations.]" (Dimmick v. Dimmick (1962) 58 Cal.2d 417, 421, 24 Cal.Rptr. 856, 374 P.2d 824.)

[131 Cal.Rptr.3d 503]

2345 "But "[w]here, as here, a claim of ownership by adverse possession is asserted against a cotenant additional principles become operative. ..." [Citation.] [Citation.] "[E]ach tenant in common has a right to occupy the whole of the property. The possession of one is deemed the possession of all; each may assume that another in exclusive possession is possessing for all and not adversely to the others... ." [Citation.] " Before title may be acquired by adverse possession as between cotenants, the occupying tenant must bring home or impart notice to the tenant out of possession, by acts of ownership of the most open, notorious and unequivocal character, that he intends to oust the latter of his interest in the common property. [Citations.] Such evidence must be stronger than that which would be required to establish a title by adverse possession in a stranger. [Citation.] ... In short, one tenant in common cannot by mere exclusive possession acquire the title of his cotenant. [Citation.]" ' [Citations.]" (Preciado v. Wilde (2006) 139 Cal.App.4th 321, 325, 42 Cal.Rptr.3d 792, italics omitted.)

[131 Cal.Rptr.3d 503]

2345 "But "[w]here, as here, a claim of ownership by adverse possession is asserted against a cotenant additional principles become operative. ..." [Citation.] [Citation.] "[E]ach tenant in common has a right to occupy the whole of the property. The possession of one is deemed the possession of all; each may assume that another in exclusive possession is possessing for all and not adversely to the others... ." [Citation.] " Before title may be acquired by adverse possession as between cotenants, the occupying tenant must bring home or impart notice to the tenant out of possession, by acts of ownership of the most open, notorious and unequivocal character, that he intends to oust the latter of his interest in the common property. [Citations.] Such evidence must be stronger than that which would be required to establish a title by adverse possession in a stranger. [Citation.] ... In short, one tenant in common cannot by mere exclusive possession acquire the title of his cotenant. [Citation.]" ' [Citations.]" (Preciado v. Wilde (2006) 139 Cal.App.4th 321, 325, 42 Cal.Rptr.3d 792, italics omitted.)