Statute · California Code of Civil Procedure

Cal. Civ. Proc. Code § 325 — The Time of Commencing Actions for the Recovery of Real Property

Cal. Civ. Proc. Code § 325

Type
Statute
Source
California Code of Civil Procedure
Jurisdiction
California
Date
2011-01-01
Current through
Nov 2, 2026 (California Legislative Counsel)

(a) For the purpose of constituting an adverse possession by a person claiming title, not founded upon a written instrument, judgment, or decree, land is deemed to have been possessed and occupied in the following cases only:

Citator

Cal. Civ. Proc. Code § 325 — The Time of Commencing Actions for the Recovery of Real Property is in force in the current edition of the Code, and nothing recorded condemns it.

(a) For the purpose of constituting an adverse possession by a person claiming title, not founded upon a written instrument, judgment, or decree, land is deemed to have been possessed and occupied in the following cases only:

(1) Where it has been protected by a substantial enclosure.

(2) Where it has been usually cultivated or improved.

(b) In no case shall adverse possession be considered established under the provision of any section of this code, unless it shall be shown that the land has been occupied and claimed for the period of five years continuously, and the party or persons, their predecessors and grantors, have timely paid all state, county, or municipal taxes that have been levied and assessed upon the land for the period of five years during which the land has been occupied and claimed. Payment of those taxes by the party or persons, their predecessors and grantors shall be established by certified records of the county tax collector.