California, United States of America
The following excerpt is from Jimenez v. Pena, E059101 (Cal. App. 2014):
"'In an action to quiet title based on adverse possession the burden is upon the claimant to prove every necessary element: (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.]' " (Preciado v. Wilde (2006) 139 Cal.App.4th 321, 325.) "[S]uch possession cannot be made out by inference, but only by clear and positive proof." (Kraus v. Griswold (1965) 232 Cal.App.2d 698, 709.)
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