What is the test for an adverse possession claim?

California, United States of America


The following excerpt is from Bailey v. Citibank, N.A., 280 Cal.Rptr.3d 546, 66 Cal.App.5th 335 (Cal. App. 2021):

she prevails on the claimcan gain only the title which the owners had when the adverse possession began; and conversely, the possessor cannot, by adverse possession, acquire a greater estate than that held by the owner. ( Williams v. Sutton (1872) 43 Cal. 65, 73 [the title acquired by the adverse possessor "must of necessity correspond with that on which the disseizin operated, as he could not acquire by disseizin a greater estate than that held by" the prior owner].)7 Thus, where the claim of adverse possession is concerning the title to property that was subject to a previously recorded deed of trust, the possessor can only gain a corresponding titlethat is, a title subject to the prior deed of trust. Consequently, in the present case, the most that plaintiffs could ever have potentially obtained as a result of their possession initiated against the original owners was a title subject to the preexisting 2005 deed of trust.

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