What is the test for adverse possession of minerals?

California, United States of America


The following excerpt is from Gerhard v. Stephens, 52 Cal.Rptr. 343 (Cal. App. 1966):

In Deiderich v. Ware (Ky.1956) 288 S.W.2d 643, 645-646, the court restated the rule in the context of an oil and gas case: "After such severance, title to the minerals cannot be gained through adverse possession without a penetration of the mineral estate. * * * The required factors to establish adverse possession of minerals are identical with those required for adverse possession of land. In other words, there must be exclusive * * * actual, peaceable, open and notorious, continuous and hostile possession of the minerals under a claim of right for the statutory period." (P. 646.)

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