What is the test for adverse possession of a property?

California, United States of America


The following excerpt is from Valley Club of Montecito v. Klein, 2d Civil No. B209974 (Cal. App. 8/13/2009), 2d Civil No. B209974. (Cal. App. 2009):

We examine the sufficiency of the evidence to support the trial court's factual findings. In doing so, we must accept as true all evidence that supports the finding, making all inferences which might reasonably support the trial court's conclusions. We resolve every conflict in the evidence in favor of the finding. (David v. Herman (2005) 129 Cal.App.4th 672, 687.)

A judgment of adverse possession requires proof of five elements: (1) actual possession with reasonable notice to the owner; (2) hostile to the owner's title; (3) with a claim of right or title; (4) for five years without interruption; and (5) payment of taxes levied and assessed upon the property during that period. (Dimmick v. Dimmick (1962) 58 Cal.2d 417, 421.) Appellant challenges only the sufficiency of evidence of payment of taxes.

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