What is the test for adverse possession of a parcel of land in a dispute?

California, United States of America


The following excerpt is from In re Johnson, D073175 (Cal. App. 2019):

that possession may be adverse even where the record owner is unaware of his or her rights to the propertyall that matters is that the occupation give the owner notice that the possessor claims the property as his or her own. (Id. at p. 459.) On the other hand, where there is confusion over the boundary and a claimant merely intends to claim the true line wherever it may be, possession is not adverse "absent an intention to claim the land in dispute as his own." (Id. at p. 460; see Gilardi v. Hallam (1981) 30 Cal.3d 317, 326 [where defendants take possession of disputed land mistakenly believing they were the owners and the record is silent as to whether they expressly or impliedly recognized the record owners' potential claim or intended to claim only to the true property line, then possession is deemed adverse].)

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)
How have the courts dealt with a dispute between two owners of adjoining land in a dispute over the amount of tax paid on improvements to a parcel? (California, United States of America)
Can a defendant bring a motion to have a section 667.5 enhancement for possession of crystal methamphetamine reduced to a possession of the drug under Proposition 47? (California, United States of America)
What is the test for an adverse possession claim under the agreed boundary doctrine? (California, United States of America)
On appeal from an adverse judgment, what is the effect of the adverse judgment on the issue of liability? (California, United States of America)
Is defendant's possession of a loaded firearm sufficient to permit a jury to view his possession as an implied threat of violence? (California, United States of America)
What is the difference between possession of drug proceeds and conspiracy to possess drug proceeds? (California, United States of America)
Can an easement for ingress and egress be extinguished by adverse possession? (California, United States of America)
What is the definition of an offence for possession or possession of a firearm? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.