How To Prove A California Adverse Possession Defense

In California, a defense of Adverse Possession is defined as:
Adverse Possession enables a person in continuous and active possession of a property under the ownership of another party to acquire valid title to land.
It simply means:
A party can acquire property that isn’t legally theirs, without paying, if they have openly occupied for a certain length of time.
There are 4 elements of the defense:
- Element 1. A party had actual occupation of property under circumstances that can reasonably serve as notice to the owner. A party can claim ownership of a property through adverse possession if they have been using and living on it openly and continuously in a way that the original owner could see, which would reasonably inform the owner that someone else is treating the property as their own.
Facts that might support this element look like:
* The party maintained a visible fence around the property, clearly marking their boundaries for over ten years.
* The party regularly landscaped the property, including planting flowers and mowing the lawn, demonstrating care and control.
* The party hosted gatherings and events on the property, inviting neighbors and friends without objection from the owner.
* The party paid property taxes on the land for several consecutive years, indicating a claim of ownership.
* The party made significant improvements to the property, such as building a shed and installing a driveway, without any interference from the owner. - Element 2. The possession of the land was hostile to the existing owner’s title, without the owner’s permission. This means that someone is using or occupying a piece of land without the owner’s consent, in a way that clearly challenges the owner’s rights to that land.
Facts that might support this element look like:
* The defendant openly occupied the land for over 10 years without any communication or permission from the existing owner.
* The defendant made significant improvements to the property, demonstrating an intention to possess it as their own.
* The existing owner was aware of the defendant’s use of the land but took no action to assert their rights.
* The defendant maintained exclusive control over the property, preventing the existing owner from accessing it.
* The defendant’s use of the land was continuous and uninterrupted, further establishing their claim of adverse possession. - Element 3. The occupier of the property made a claim upon the property either by claim of right or under color of title (an instrument that shows the right of legal possession e.g. A title). To successfully claim adverse possession, the person occupying the property must show they have a legitimate claim to it, either by asserting their right to it or by having a legal document, like a title, that suggests they have the right to possess the property.
Facts that might support this element look like:
* The occupier has maintained continuous possession of the property for over 15 years, demonstrating a claim of right.
* The occupier possesses a recorded deed that outlines their legal title to the property, establishing color of title.
* The occupier has paid property taxes on the land for the past decade, reinforcing their claim of ownership.
* The occupier has made significant improvements to the property, indicating an assertion of control and possession.
* The occupier has openly used the property for personal and commercial purposes, signaling a claim of right to the community. - Element 4. The occupier possessed the property continuously without interruption for at least five years. To claim ownership of a property through adverse possession, the person must have used and lived on the property without any breaks for at least five years, showing they treated it as their own.
Facts that might support this element look like:
* The occupier has maintained a visible presence on the property, including regular landscaping and upkeep, for over five years.
* The occupier has paid property taxes on the land for the last five consecutive years, demonstrating a claim of ownership.
* The occupier has made significant improvements to the property, such as building a fence and installing a driveway, without any objection from the true owner.
* The occupier has openly used the property for personal activities, such as gardening and hosting gatherings, consistently for more than five years.
* The true owner has not entered the property or asserted any claim of ownership during the entire five-year period.
(See Nielsen v. Gibson, 178 Cal. App. 4th 318 (C.A. Court of Appeals 2009).)
If you’re in court without a lawyer and plan to assert a Defense of Adverse Possession, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make critical decisions about what to file at each phase of your case and prepare legal documents supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge necessary to effectively navigate your legal journey.
Prove Your CA Adverse Possession Defense
U.S. Civil Cases Only