What is the test for establishing a beneficial interest in real property in derogation of title?

California, United States of America


The following excerpt is from Villasenor v. Lopez, B216191, No. EC044643 (Cal. App. 2010):

To establish a beneficial interest in real property in derogation of title, a plaintiff must prove his right to the interest by clear and convincing evidence. (Evid. Code, 662; Tannehill v. Finch (1986) 188 Cal.App.3d 224, 228.)

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