Is a finding that plaintiffs failed to establish the claimed boundary line by adverse possession supported?

California, United States of America


The following excerpt is from Kraus v. Griswold, 232 Cal.App.2d 698, 43 Cal.Rptr. 139 (Cal. App. 1965):

Plaintiffs contended that the finding that plaintiffs failed to establish the claimed boundary line by adverse possession is not supported by the evidence. To establish title by adverse possession, a claimant must not only show that such possession was open, notorious, hostile, exclusive, continuous and uninterrupted but also must show the payment of taxes (Code Civ.Proc. 325). It is the further rule that such possession cannot be made out by inference, but only by clear and positive proof. The burden of proving all of the essential elements is on the claimant, and if one element is wanting, the claim must fall (Clark v. Stotts (1954) 127 Cal.App.2d 589, 592, 274 P.2d 172).

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