What is the test for quiet title and the statute of limitations?

California, United States of America


The following excerpt is from Reuter v. Macal, 271 Cal.Rptr.3d 557, 57 Cal.App.5th 571 (Cal. App. 2020):

Following closing arguments, the trial court took the matter under submission and subsequently issued a written ruling. On the statute of limitations, the court ruled as follows: "Defendant insists that plaintiff's claim to quiet title is barred by the statute of limitations. As defendant would have it, the statute began to run in 2011, when the romantic relationship ended, and had long expired by the filing of the complaint in January of 2018. However, the statute of limitations does not run against one in possession of land. [ Salazar v. Thomas ] (2015) 236 Cal.App.4th 467, 477 [186 Cal.Rptr.3d 689] [ ( Salazar ) ]; [ Muktarian, supra ,] 63 Cal.2d [at p.] 560 [47 Cal.Rptr. 483, 407 P.2d 659] ; [ Crestmar Owners Assn. v. Stapakis ] (2007) 157 Cal.App.4th 1223, 1228 [69 Cal.Rptr.3d 231] [ ( Crestmar ) ]. [Plaintiff] never relinquished possession of the premises."

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