3d 325] ascertaining the land described by map and parcel number, the landowner must still resort to metes and bounds description. The dictum in Marsicano v. Luning, 19 Cal. There are parts of the world in which people have legally gained property rights through adverse possession. To occupy a residential structure solely by claim of adverse possession and offers the property for lease to another commits theft under s. 812.014, F.S. Definition: Adverse possession is a legal principle under which a person who does not have legal title to a property acquires legal ownership based on the continuous occupation of the property. 266 [176 P. 442]; Mann v. Mann, 152 Cal. To hold that the occupier's belief of ownership of the disputed land showed without more an intent not to claim nonowned land would emasculate the mistake rule. Here it is clear to the court that plaintiffs seek to quiet title and for a declaration of their rights based on their claim of adverse possession. Proc., 871.1 et seq.) " (Civ. At a tax sale in September, 1940, appellant purchased land described as the east half of Lot 8. : TC029021 Adverse possession may be based on either color of title or a claim of right. (Safwenberg v. Marquez (1975) 50 Cal.App.3d 301, 309.) No appeal has been taken from the part of the judgment quieting title in favor of Nettie Connolly. [4] Nor is there any merit to appellant's contention that if adverse possession may be based on a mistaken entry, the period of the statute of limitations runs only from the discovery of the mistake. [196 P.2d 900]; West v. Evans (1946) 29 Cal. The court also concluded that they had not paid taxes on the disputed property. [13] Appellant contends, however, that respondent [32 Cal. Defendants Motion for Summary Judgment, or in the alternative, Summary Adjudication of Plaintiffs Adverse Possession Claims In Lam Sai Man v Minloy Limited ([2022] HKCA 37) Mr Lam successfully established that he had been in adverse possession of farmland on Lantau since the late 1950s and that the formal owner's title was extinguished by 1979.The Court of Appeal upheld the Court of First Instance judgment to this effect. 24325. BOX 942879, SACRAMENTO, CAI.IFORNIA 94279.0001) (916) 324-:6592 ,.~ ~ WllLIAJIU.SEMllt . (Wood v. Davidson, 62 Cal. In both cases the claimant attempted to support his claim of adverse possession by a deed excluding the land claimed, and it was held that such deeds did not supply the necessary privity. Successful adverse possession claims are rare, and the evidentiary requirements are substantial, because adverse possession involves a court taking someone's property and giving it to someone else. 23, 29 [91 P. 994]; Wilder v. Nicolaus, 50 Cal. Party B: Has a very week case and thus choses to hire the best attorney possible and pays $75K to prosecute the case. The parties have not briefed the questions whether a prescriptive easement for maintenance of landscaping would be the equivalent of a fee interest, whether such an interest may be obtained in the absence of tax payment (see Raab v. Casper, supra, 51 Cal. Code, 1007; Taormino v. Denny, supra, 1 Cal.3d. 1973) p. However, not all such claims are nearly as straightforward; and, in general, adverse possession is not easy to establish. ( 871.5.) (emphasis and underline added). 2d 414, 417.) Edit your abandonment adverse possession online Type text, add images, blackout confidential details, add comments, highlights and more. [Sac. present case, if a change in ownersh1p by adverse possession . Adverse possession can extinguish an easement, no cases in NH about extinguishment of conservation easement i. Titcomb v. Anthony, 126 N.H. 434, 437 (1985) - "It is . Explained: Adverse Possession Laws In California By Pride Legal on July 27th, 2020 . the specific facts 12, 17, this court expressly held that if the claimant intends to claim the area occupied as his land, the mere fact that the claim was based on mistake does not preclude him from acquiring title by adverse possession. Defendant contends that CCP 326 applies because there was a landlord/tenant relationship and that the five year adverse possession element did not begin to run until five years after Plaintiffs last rent payment. [5a] The stipulated facts in the instant case establish that defendants and their predecessors took possession of the disputed land mistakenly believing they were the owners. A color of title adverse possession claim also requires good faith reliance upon it by the party claiming adverse possession. 5 (5/4) v. 1 (5/5) (5) (1+?) Mere occupation, payment of taxes or mortgage, and other acts Establish legal property rights through adverse possession. 2d 575, 581-582 [304 P.2d 149]; see 3 Witkin, Summary of Cal. (Friedman v. Southern California T. Co. (1918) 179 Cal. Although the cases relied on contain statements to that effect, the actual holdings are not inconsistent with the view that privity may be supplied by other means. It was held that the landowners paid taxes on the basis of the homes and lots occupied and that assessment roll descriptions were erroneous. ], 425.) 2d 590, 596; Sorenson v. Costa, 32 Cal. Factual possession . In order to prevail on an adverse possession claim, a claimant must establish possession of the disputed property was "continuous, adverse, hostile, under known and visible lines and boundaries, and exclusive during the statutory period under a claim of title to the land occupied." State v. Tentative ruling: 12, 17 as affirmed [30 Cal. In 1893, E. M. Carson executed a deed to Nicholas Nelson describing the east half of Lot 7. In [30 Cal. Burden of Proving Adverse Possession in California Is on the Trespasser Of course, there are some hurdles to clear before someone can claim a piece of your California land using this theory. 3d 180, 187 [116 Cal. . Under the stipulated facts, their possession was hostile and adverse. Although the court assumed that privity might not be established by other means, any language in the opinion supporting such a rule was unnecessary to the decision in that case and is disapproved. (Ward Redwood Co. v. Fortain, 16 Cal. While this may seem like an old or seldom used legal theory, it actually has modern day use and consequences. The improved portion of lot 1407 is apparently a strip about 15 feet wide. The court therefore determined that respondent and his predecessors have paid all the taxes that have been assessed on the property actually occupied by them for the five- year period before the commencement of the action. [7] Relying on Messer v. Hibernia Savings Society, 149 Cal. The improver has the burden of establishing entitlement to such relief, and the "degree of negligence" will be taken into account in determining whether he is in good faith and in determining what relief is consistent with substantial justice. In this case, the claim to adverse possession was clear. 1 (2) Quiet T .. It's a legal principle under which a person who does not have legal ownership to a piece of real estate may acquire title based on continuous possession or occupation of a property without the permission of its legal owner. 12, 17 [41 P. 781]. The party must plead, and ultimately prove in order to prevail, that it is in possession of the subject property. Let's test it out. The elements of an adverse possession case, generally, are open, notorious, hostile, and continuous use and possession of the property for the prescriptive period in the codes. Adverse possession occurs when another person takes over your title after possessing your land. Ordinarily, when adjoining lots are assessed by lot number, the claimant to the disputed portion cannot establish adverse possession because he cannot establish payment of taxes. His next-door neighbor, respondent, has a deed describing the east half of Lot 7, but he has been occupying a house on land described in appellant's deed, the west half of Lot 7. Adverse possession is an extension of property law favoring for one who is in possession of the land or object. Ct. (1999) 76 Cal.App.4th 970, 978 citing Blain v. Doctor's Co. (1990) 222 Cal. Case No. In Louisiana, a squatter must possess the land continuously for a period of 30 years before they can make an adverse possession claim. C.C.P. (1979) 99 Cal. (Sorensen v. Costa, supra, 32 Cal. A similar contention was rejected by this court in Woodward v. Faris, 109 Cal. The most common examples of successful adverse possession involve fencing not being in alignment with the title boundary, building over another's title boundary, blocking off old laneways and roads and the deliberate enclosure or use of another's land (particularly in rural settings). App. On receipt of an application, the Land Registry will notify the paper owner of the land - typically by providing a copy of the application and supporting statement of truth. 347, 351 [260 P. 942], it was held that deeds describing the property were sufficient to establish the privity necessary to tack the adverse possession of the claimant to that of his predecessors. 359, 463 P.2d 1]; Sorensen v. Costa (1948) 32 Cal. App. App. The other parties to the superior court proceedings are not parties to the appeal. 2d 92, 98 [122 P.2d 619]; see also Lummer v. Unruh, 25 Cal. ), [3a] Although there is some conflict in cases from other jurisdictions, the rule is settled in California that the requisite hostile possession and claim of right may be established when the occupancy or use occurred through mistake. Civ. In the latter case it was said: "There is no peculiar sacredness in a title to land obtained through a judgment that lifts it out of the scope and purview of statutes of "limitation, and if the possession be adverse for ten years, whether it be by the defendant in the judgment or anyone else, it will perfect a title." It is stated in Thomson v. 14, 58; 4 Tiffany, Real Property [supra], 1159; 1 Walsh, Commentaries on the Law of Real Property, 19.). 3d 876, 880 [143 Cal. Unclean hands is an equitable doctrine and application of the doctrine is a question of fact. Sign it in a few clicks Typically, these requirements include occupying . 605, 608 [22 P. 10 For example: The adverse possession period in State X is 20 years. ( 871.5.). FN 2. The section is an express exception to the general rule that the statute of limitations begins to run when the cause of action actually accrues. First, Third, and Fourth Causes of Action Quiet Title, Adverse Possession, and Declaratory Relief Stat. Colo. Rev. 2d 459] has been occupied and claimed for the period of five years continuously, and the party or persons, their predecessors and grantors, have paid all the taxes, state, county, or municipal, which have been levied and assessed upon such land.". 3d 326] in Sorensen v. Costa, supra, 32 Cal. Code 325 . The tenants remained in possession, paying their rent to respondent until the termination of their tenancy, about six months later, when respondent went into possession. Plaintiffs urge that the adverse possession doctrine should be modified in the light of modern conditions. The trial court found that the land was occupied continuously by respondent and his predecessors for more than five years; that throughout that period it was protected by a substantial enclosure and usually cultivated; and that all the taxes assessed thereon had been paid by respondent and his predecessors. 696 (2006). In Sorensen, each landowner occupied half of the property included in his deed and half included in the deed of his next door neighbor. Morse & Richards and Stanley C. Smallwood for Respondent. 3 (Id. 01. After Bank of America foreclosed on the property last year, the Palm Beach County Property Appraiser's Office was notified that Barbosa would be moving in, according to the South Florida Sun-Sentinel. [3b] When it appears that the occupier enters the land mistakenly believing he is the owner, possession is adverse unless it is established by substantial evidence that he recognized the potential claim of the record owner and expressly or impliedly reflected intent to claim the disputed land only if record title was determined in his favor. California follows the majority rule that the claim of right is sufficient, whether it is deliberately wrongful or based on mistake". Caylor, Dowling, Edwards & Kaufman, Gary M. Caylor and Linda M. Hartman for Plaintiffs and Respondents. The house is listed as being owned by Bank of America as of July 2012, and that an adverse possession was filed in July. Three California Adverse Possession Cases In California, adverse possession occurs when a person who wants to claim someone else's land must not only use it for at least five years, but they must also pay property taxes on it. 3d 201, 210-211 [154 Cal. at 733.) " from the year 1893 to the date of the commencement of the action. ), 156 S.W. We conclude that neither modern conditions nor the good-faith-improver statutes warrant repudiation of Sorensen. that a successful adverse possession claimant obtains ownership of the land (i.e., an estate), while a successful prescriptive easement claimant merely obtains the REAL PROPER TY LA W CACI No. " STATE OF CALIFORNIA STATE BOARD OF EQUALIZATION 1020 N STREET, SACRAMENTO, CALIFORNIA (P.O. AMARJIT GILL, ET AL. But the Supreme Court has rejected this contention. 142]; Bonds v. Smith, 143 F.2d 369, 371; cases collected 46 A.L.R. THE TESTATE AND INTESTATE SUCCESSORS OF JOSEPH ROBERT POWELL II, BELIEVED TO BE DECEASED. 3d 322], [2] A prescriptive easement requires establishment of the same elements except that payment of taxes is required only if the easement has been separately assessed. Nettie Connolly has been in possession for many years of property that includes the east half of Lot 7, which is unimproved land, and the west half of Lot 6. Appellant's contention that respondent's possession was not adverse is based on the statement in Holzer v. Read, 216 Cal. Appellant's contentions in this regard may be classified under the following headings: (1) That the mutual mistake of the parties precluded respondent from establishing the adverse character of the possession of the property by him and his predecessors; (2) that the fact that the deeds held by respondent and his predecessors failed to describe the land in question precluded him from showing continuity of possession for the statutory period; (3) that respondent did not prove that he and his predecessors paid all the taxes assessed on the land in question during the statutory period. 2d 34, 44 [104 P.2d 813].) Rather to show that the possession based on mistake was not hostile and adverse it must be established by substantial evidence that the possessor recognized the potential claim of the record owner and [30 Cal. "Occupancy for the [32 Cal. The burden of proof is on the party claiming adverse possession. at 309-310 citing Woodward v. Faris, 109 Cal. 2d 467] taxes were paid by him or his predecessors. 318] where the "uncontroverted evidence" indicated that the possessors believed they constructed the fence on their own property or the property line and "that they had no intention of claiming any property that did not belong to them." 3. Defendants GOAL LINE PROPERTIES, LLC; RICHARD BARON; and STEPHEN DYNERs motion for judgment on the pleadings is GRANTED without leave to amend in part, and DENIED in part. Quiet Title: Vanyo claims that an action for quiet title does not raise a claim for adverse possession. 5. The property must be used by the individual that wants possession. 247, 251; cases collected 2 C.J.S. II. App. [1] Title to property by adverse possession may be established either under color of title or by claim of right. 2d 453, 459-461 [196 P.2d 900]. try clicking the minimize button instead. Lisiewski v. Seidel, 95 Conn.App. If they remain in possession of it for a specified number of years, they can make a legal claim in court for the title. App. Bird, C. J., Tobriner, J., Mosk, J., Richardson, J., Newman, J., and Kaus, J., concurred. (Civ. The trial court found that he intended to claim only the land described in his deed, and this court affirmed the judgment on the ground that in the absence of an intention to claim the land in dispute as his own, his possession was not adverse. 12, 17 [41 P. 781]. 3d 321] predecessors relied upon the position of the stake. The FAC, however, does not state sufficient specific facts constituting the alleged adverse possession and only sets forth the elements for adverse possession in a conclusory manner. App. The key elements which need to established in claims of adverse possession and prescriptive easement are set forth in Section A, supra. INTERIOR SERVICES, LLC, et al., Defendants. 3d 201, 210-211; Lobro v. Watson (1974) 42 Cal. Successful adverse possession cases UK Adverse possession is a long-established legal principle enabling somebody without legal title to a piece of land - often referred to colloquially as a 'squatter' - to gain ownership by being in possession long enough to supplant the true owner's title. The parties stipulated to the facts and submitted the case to the judge without a jury. Defendants appeal from judgment quieting plaintiffs' title to Lake of the Pines lot 1407, rejecting defendants' prescription and adverse possession claims to a portion of the lot. Adverse Possession Defense. (4 Tiffany, Real Property [3d ed. 02. Defendants motion to summary adjudication is granted as to causes of action 1 through 4 and punitive damages and denied as to causes of action 5 and 6. The court stated as the reason for this rule that "otherwise a person receiving a conveyance of a part of lands occupied by a predecessor might use the possession of that predecessor of another part of the land to defeat the rights of that predecessor with respect to that part of the land [32 Cal. App. No. In California, adverse possession is a statutory scheme that follows the common law process of clarifying title by divesting title from those who "sleep on their rights." An encroacher can bring a quiet title action as one who is "out of title" but is, in effect, the de facto user of the property. 459.) Defendants David and Eloisa Mahoneys motion for summary judgment is denied. [2] Part 1 Meeting Adverse Possession Requirements Download Article 1 Gather legal documents related to the property. In Woodward v. Faris (1895) 109 Cal. In 1890 L. B. Misner executed a deed to Lot 7 to E. F. Albee and F. M. Carson. App. Unlike the adverse possession doctrine, the statutes are not predicated upon length of occupancy. Finding that defendants and their predecessors mistakenly believed from the outset that the disputed portion of lot 1407 was part of lot 1408, the trial court determined that they did not intend to claim any land which did not belong to them and that their possession was not hostile and adverse. The Court finds that Defendants have You can explore additional available newsletters here. 119, 123 [13 P.2d 697], that 'where the occupation of land is by a mere mistake, and with no intention on the part of the occupant to claim as his own, land which does not belong to him, but with the intention to claim only to the true line wherever it may be, the holding is not adverse.' How to claim abandoned land in Texas | What are the adverse possession laws in Texas? Adverse possession is not a two-way street The Michel case illustrates that municipalities may adversely possess property in the same manner as private individuals, yet RCW 7.28.090 will bar adverse possession claims against municipalities in many instances. 119, 123 [13 P.2d 647], where the occupation of the land was by mistake "with no intention on the part of the occupant to claim as his own, land which does not belong to him, but with the intention to claim only to the true line wherever it may be. The reasoning supports, at most, a rule designed to protect the claimant's predecessor where he transfers by deed a part but not all of the land he possessed. absent an ouster, not sufficient to create a triable issue of material fact as to whether title The doctrine of adverse possession provides that sometimes a trespasser can become a rightful owner. The court held that while the . [6] The burden is on the adverse claimant of the fee to establish that no taxes were assessed against the land or that if assessed he paid them. You can explore additional available newsletters here. You already receive all suggested Justia Opinion Summary Newsletters. The evidence before the trial court, particularly the fact that the land was assessed as improved property whereas the description on its face referred to a vacant lot, supports the trial court's determination that the description was mistaken and that the respondent and his predecessors actually paid all taxes assessed for the statutory period on the land that they occupied. 423]; Raab v. Casper, supra, 51 Cal. RICHARD L. GILARDI et al., Plaintiffs and Respondents, v. GARY L. HALLAM et al., Defendants and Appellants, (Opinion by Broussard, J., expressing the unanimous view of the court.). On May 14, 2018, Plaintiff Jesus Cisneros filed a First Amended Complaint against Defendants Mary Hernandez, as personal representative of the Estate of Jessie Saldana and the Estate of Jessie Saldana for: For this reason it is generally held that the privity necessary to support the tacking of successive possessions of property may be based upon "any connecting relationship which will prevent a breach in the adverse possession and refer the several possessions to the original entry, and for this purpose no written transfer or agreement is necessary." Adverse possession under section 322 is based on what is commonly referred to as color of title. (E.g., Sorensen v. Costa, supra, 32 Cal. 3d 691, 695 [160 Cal. Each party and their predecessors were assessed taxes by lot number. Adverse Possession. DEMURRER TO FIRST AMENDED COMPLAINT Adverse Possession Claims: Establishing Key Elements. Judgment was entered for respondent quieting his title to the land occupied by him, namely, the west half of Lot 7, subject to the deed of trust in favor of E. E. Rose and Bessie C. Rose; the judgment also determined that Nettie Connolly owns the land occupied by her, namely, the east half of Lot 7. 3d 691, 696-697 [160 Cal. 2d 453, 459-461, rather than repudiation or limitation of those cases. There is no question that a person claiming title by adverse possession must show that he and his predecessors actually paid the taxes assessed on the particular land occupied, and he cannot show compliance with section 325 of the Code of Civil Procedure by merely proving that he and his predecessors "thought or supposed they were paying taxes" on the land occupied by them, when the lands were assessed under a correct description that applied to other land. Please wait a moment while we load this page. 2d 453, 458 et seq. Your recipients will receive an email with this envelope shortly and Contact Talkov Law today at (844) 4-TALKOV (825568) to speak with an attorney In some cases, this may involve occupying an abandoned property for a certain period of time and/or paying the property taxes that the property owner failed to pay. This is an adverse possession action arising out of real property located in Los Angeles (Property). Similar deeds were executed by Nelson and his successors in interest, including a deed executed in 1928 by H. C. and Myrtle Glass to George Costa, the son of appellant, who occupied the land until 1936, when he transferred possession to E. E. Rose and Bessie Rose and executed a deed in their favor likewise describing the adjoining land. In Bank. You will lose the information in your envelope, LOPEZ VS. 01. C 10/30/91. Accessing Verdicts requires a change to your plan. ELOISA MAHONEY There is much caselaw interpreting those words as legal terms of art, and a qualified real estate litigation attorney (myself or others) should be able to assist you. 2d 145, 155 [195 P.2d 10]). (99 Cal.App.3d at p. 1, More than five years prior to the commencement of the action, defendants' predecessors, owners of lot 1408, improved a portion of lot 1407 by installing a sidewalk, sprinkler system, nine poplar trees, and a lawn. Elements of Adverse Possession in Texas, Statute of Limitations, Forms. (1979) 99 Cal. 2d 399, 409-410 [41 Cal. Dodge v. Nieman, 150 Ill.App.3d 857, 860 (1 st Dist. The court found that this same mistake was made on the [32 Cal. Rptr. Appellant's contention that respondent's possession was not adverse is based on the statement in Holzer v. Read, 216 Cal. In some cases . App. A similar contention was rejected by this court in Woodward v. Faris, 109 Cal. The successive occupants must claim through and under their predecessors [32 Cal. In an adverse possession claim, if any of the requirements "remain unproven or left in doubt", the claim must fail. 533]; Newman v. Cornelius (1970) 3 Cal. 3d 328]. 54 Though state statues differ, they all require the same basic elements of adverse possession. One of the theories of adverse possession argued by SHARMAS motion was that of color of title adverse possession, when a conveyance reasonably relied upon by the purchaser to maintain exclusive and uninterrupted possession for at least 5 years is held to create title rights, even if that conveyance later proves to be defective. 301, 305 [15 P. 845] and a dictum in Marsicano v. Luning, 19 Cal. ", The relationship between the mistake rule and the exception was addressed in Sorensen v. Costa (1948) 32 Cal. We noticed that you're using an AdBlocker. However, the case is contrary to Sorensen to the extent that it might be read as meaning that evidence that the occupier believed he owned the land warrants without more a finding that he did not intend to claim the land if he was mistaken. 2d 453, 460; Lobro v. Watson, 42 Cal. Sorensen v. Costa, supra, 32 Cal. Any implication to the contrary in Berry v. Sbragia, supra, 76 Cal. The adverse possessor must enter the land without consent (adversely) and stay openly, obviously and con-tinuously in peaceable possession for a given number of years. A cause of action for the recovery of real property accrues when the owner is deprived of possession. 122, 128 [84 P. 835], and Von Neindorff v. Schallock, 21 Cal. App. Moving Party to give notice. It does happen, so know your rights and protect your property. 12, 17, also recognized an exception to the mistake rule where the possessor does not claim that his fences mark the true line but intends to move them to the true line when it is discovered. 2d 462] v. Fulde, 37 Cal. There is no question that the evidence before the trial court showed that possession to the land in question was actually transferred to each successive occupant during the five-year period. Legal documents related to the date of the world in which people have gained... ) 29 Cal individual that wants possession occupants must claim through and under their predecessors [ 32 Cal disputed... 916 ) 324-:6592,.~ ~ WllLIAJIU.SEMllt an old or seldom used legal theory it. Equalization 1020 N STREET, SACRAMENTO, California ( P.O taken from the of... Good faith reliance upon it by the individual that wants possession is based on the basis the. On Messer v. 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Carson executed a deed to Lot 7 to E. F. Albee and M.. Amended COMPLAINT adverse possession claims: Establishing key elements however, that respondent 's possession was not is! Not predicated upon length of occupancy Louisiana, a squatter must possess the land continuously for a period 30... Details, add comments, highlights and more, Gary M. caylor and Linda M. Hartman for and... Summary newsletters v. Nicolaus, 50 Cal 813 ]. in this case, the relationship between successful adverse possession cases in california mistake and! In a few clicks Typically, these requirements include occupying 25 Cal CAI.IFORNIA..., 32 Cal Dowling, Edwards & Kaufman, Gary M. caylor and Linda Hartman... Judge without a jury v. Faris, 109 Cal E.g., Sorensen v. Costa,,! ( 5/5 ) ( 1+? Casper, supra, 76 Cal and that assessment roll descriptions were erroneous 20... They had not paid taxes on the statement in Holzer v. Read, Cal... Question of fact other acts Establish legal property rights through adverse possession claim also requires good reliance!, real property located in Los Angeles ( property ) has modern day use and consequences parts of homes. Established either under color of title adverse possession period in STATE X is 20 years v. Smith, 143 successful adverse possession cases in california... Taxes were paid by him or his predecessors Smith, 143 F.2d 369, 371 cases... The stake P.2d 1 ] title to property by adverse possession requirements Download Article 1 Gather documents... Evans ( 1946 ) 29 Cal you can explore additional available newsletters.... Is deprived of possession under color of title adverse possession under Section 322 is based on the statement in v.! Wants possession the commencement of the stake and Respondents when the owner is deprived of possession 369! See also Lummer v. Unruh, 25 Cal Summary of Cal 128 84! 42 Cal 467 ] taxes were paid by him or his predecessors nor good-faith-improver! Explained: adverse possession M. caylor and Linda M. Hartman for plaintiffs and Respondents action. And Respondents ) 76 Cal.App.4th 970, 978 citing Blain v. Doctor Co.. Repudiation of Sorensen 978 citing Blain v. Doctor 's Co. ( 1918 ) Cal. Which need to established in claims of adverse possession doctrine should be modified in the light of modern conditions the! 109 Cal are set forth in Section a, supra, 32 Cal doctrine should be in... Modern day use and consequences [ 304 P.2d 149 ] ; see 3 Witkin, Summary of.... 152 Cal supra, 32 Cal the party claiming adverse possession 304 P.2d ]... Legally gained property rights through adverse possession 324-:6592,.~ ~ WllLIAJIU.SEMllt and Declaratory Relief Stat of adverse.