What is the burden of proving adverse possession in an action to quiet title?

California, United States of America


The following excerpt is from Dimmick v. Dimmick, 20 Cal.Rptr. 82 (Cal. App. 1962):

It is a commonplace that in an action to quiet title based on adverse possession the burden is upon the claimant to prove every necessary element: (1) The possession must be by actual occupation, open and notorious, not clandestine; (2) It must be hostile to the defendant's title; (3) It must be held under a claim of title exclusive of any other right, as one's own; (4) It must be continuous and uninterrupted for a period of five years or more prior to the commencement of the action; and (5) The taxes must be paid by the claimant. (Unger v. Mooney, 63 Cal. 586, 595, 49 Am.Rep. 100.)

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