What is the test for adverse possession of land where the occupier enters the land mistakenly believing he is the owner?

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.)

Page 226

Other Questions


How has the Court considered the exclusion of owners, tenants and others in possession from the analysis of the California Board of Regents analysis for a property owner's claim? (California, United States of America)
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)
What is the test for establishing that petitioner failed to allege or submit any evidence that he was the owner or entitled to possession or the owner of the property? (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 effect of the owner provision of the former guest statute on the owner provisions of the guest statute? (California, United States of America)
Does Proposition 47, properly read, necessarily cover every offense that one might believe to be less serious than petty theft or simple drug possession? (California, United States of America)
Can an easement for ingress and egress be extinguished by adverse possession? (California, United States of America)
Is a pensioner entitled to both a cost-of-living and a proportional share of the fluctuating salary of a judge occupying the office formerly occupied by a retired or deceased judge? (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)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.