California, United States of America
The following excerpt is from Otay Water Dist. v. Beckwith, 1 Cal.App.4th 1041, 3 Cal.Rptr.2d 223 (Cal. App. 1991):
"When it appears that the occupier enters the land mistakenly believing he is the owner, possession is adverse unless it is established by substantial evidence that he recognized the potential claim of the record owner and expressly or impliedly reflected intent to claim the disputed land only if record title was determined in his favor. Any implication to the contrary in Berry v. Sbragia, supra, 76 Cal.App.3d 876, 880 [143 Cal.Rptr. 318] is disapproved." (Id. 30 Cal.3d at p. 326, 178 Cal.Rptr. 624, 636 P.2d 588.)
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