What is the test for enforcing a prescriptive title against a defendant who has a right to possession of a property that is not enforceable?
California, United States of America
The following excerpt is from Sdun v. Patterson, C070623 (Cal. App. 2015):
object may be taken against him as an acknowledgement or acquiescence in the right claimed. [] . . . [] A prescriptive title cannot arise out of an agreement, but must be acquired adversely, and it cannot be adverse when it rests upon a license or mere neighborly accommodation.' " (Case v. Uridge (1960) 180 Cal.App.2d 1, 8.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a defendant bring a motion to amend or amend his convictions for possession of stolen property and possession of a blank check? (California, United States of America)
When is a defendant required to prove possession of stolen property to convict him of the crime of receiving stolen property? (California, United States of America)
Is there a distinction between a person who has a possessory interest in real property and who has not a right to possession of real property? (California, United States of America)
What waiver of appeal rights apply to a criminal defendant who knowingly waives any significant right such as constitutional rights? (California, United States of America)
Does a defendant who is read his Miranda rights knowingly, voluntarily and intelligently waive their right to remain silent have knowingly waived their rights? (California, United States of America)
What is the test for a right by prescription to acquire possession of land by prescription in another person's land? (California, United States of America)
Does Defendant have any grounds to argue that the Court's recent rulings in a civil case against the Defendant violated the Defendant's civil rights? (California, United States of America)
When a defendant is convicted of possession of a firearm by an ex-felon, is the jury required to agree on which one or more of the guns defendant possessed? (California, United States of America)
Does a person who has the right to control property have constructive possession of the property? (California, United States of America)
Does a church official possess church property if he or she has control or the right to control the property? (California, United States of America)
