California, United States of America
The following excerpt is from Howard v. Schaniel, 113 Cal.App.3d 256, 169 Cal.Rptr. 678 (Cal. App. 1980):
In Lucas v. Pico, 55 Cal. 126, the court found there was no wrongdoing in giving information about an outstanding title to land which is in the adverse possession of another or in rendering services in the acquisition of such a title. Citing Civil Code section 1047, the court in Lucas held participating "in any capacity, whether as principal or as agent, or broker, in a transaction for obtaining a transfer of title to land in that condition (subject to a claim of title by adverse possession) ... is authorized by law ... (and) is neither malum in se nor malum prohibitum" (Lucas v. Pico, supra, 55 Cal. 126, 128-129). Going one step further, we find that participation in such a transaction, specially authorized by statute, is privileged and the presence of good faith in making such a publication is not essential.
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