California Real Estate SalespersonProperty Ownership and Land Use ControlsHard
A person has openly farmed and fenced a strip of vacant land under a defective deed for 6 years, paying property taxes on it each year based on the assessed description in that deed. The true owner never objected. What is required for this person to acquire title by adverse possession in California?
- AContinuous possession for 20 years regardless of tax payments
- BOpen possession for 10 years without any tax payment requirement
- COpen, hostile, and continuous possession for 5 years, plus payment of taxes
- DWritten permission from the true owner recorded for 5 years
Show answer & explanationAnswer & explanation
Correct answer: C. Open, hostile, and continuous possession for 5 years, plus payment of taxes
California requires adverse possession to be open, notorious, hostile, continuous, and exclusive for 5 years, AND the claimant must have paid all property taxes assessed against the property during that 5-year period.
Why the other options are wrong
- A. 20 years is not the California standard; the statutory period is 5 years.
- B. California requires only 5 years, but crucially does require tax payment, unlike some other states.
- D. Permission from the owner defeats the 'hostile' element required for adverse possession.
Adverse Possession (California)
A method of acquiring title to another's land through open, hostile, continuous, exclusive possession for 5 years plus payment of all property taxes during that period.
- 5-year statutory period in California
- Requires payment of property taxes each year (unique to CA)
- Possession must be open, notorious, hostile, and exclusive
Memory trick: 5 years, pay the taxes, or no claim to stakes.