What are the elements of the adverse title doctrine?

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):

Several of these elements are missing in the case before us. Moreover, the adverse title alleged to have been slandered here is not susceptible to the application of the doctrine. Speaking to the latter point first, we emphasize protection from injury to the salability of property is the thrust of the tort (see Smith v. Stuthman, 79 Cal.App.2d 708, 709, 181 P.2d 123).

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