What is the test for an action to quiet title based on adverse possession?

California, United States of America


The following excerpt is from Ruiz-Bouvet v. Harrison, 2d Civ. B304805 (Cal. App. 2021):

As we explained in Preciado v. Wilde (2006) 139 Cal.App.4th 321 (Preciado), "'[i]n an action to quiet title based on adverse possession the burden is upon the claimant to prove every necessary element: (1) Possession must be by actual occupation under such circumstances as to constitute reasonable notice to the owner. (2) It must be hostile to the owner's title. (3) The holder must claim the property as his own, under either color of title or claim of right. (4) Possession must be continuous and uninterrupted for five years. (5) The holder must pay all the taxes levied and assessed upon the property during the period. [Citations.]' [Citation.] [] But '"[w]here, as here, a claim of ownership by adverse possession is asserted against a cotenant additional principles become operative. . . ." [Citation.]' [Citation.] '"[E]ach tenant in common has a right to occupy the whole of the property. The possession of one is deemed the possession of all; each may assume that another in exclusive possession is possessing for all and not adversely to the others. . . ."' [Citation.]" (Id. at p. 325.)

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