You can always see your envelopes You already receive all suggested Justia Opinion Summary Newsletters. . 2d 271, 276 [325 P.2d 240]; Frericks v. Sorensen (1952) 113 Cal. (b) [If the title is based upon adverse possession, the complaint shall allege Supreme Court of California. App. Please wait a moment while we load this page. " (Civ. Motion by Defendants/Cross-Complainants NARENDRA SHARMA and JAYSHREE SHARMA for Summary Judgment or, in the Alternative, Summary Adjudication TENTATIVE RULING fn. 12, 17; Park v. Powers, 2 Cal. adverse possession d. Successful adverse possession changes legal title of the land in question e. Terminology - prescriptive easement is when someone comes to hold an . 54 " Since the deeds in question did not include the land occupied, adverse possession thereof is governed by sections 324 and 325 of the Code of Civil Procedure. 12, 17, this court expressly held that if the claimant intends to claim the area occupied as his land, the mere fact that the claim was based on mistake does not preclude him from acquiring title by adverse possession. 752; 132 A.L.R. The property must be used by the individual that wants possession. Definition: Adverse possession is a legal principle under which a person who does not have legal title to a property acquires legal ownership based on the continuous occupation of the property. Here it is clear to the court that plaintiffs seek to quiet title and for a declaration of their rights based on their claim of adverse possession. : VC065388 (Civ. 2d 453, 459-460 states: "Appellant contends that as a matter of law respondent could not have acquired title by adverse possession because the mutual mistake of the parties for the statutory period precluded respondent from showing that the possession was hostile or adverse to the rights of the record owner. In the superior court, other parties were joined, but the prescription and adverse possession claims between plaintiffs and defendants were severed for trial. Accessing Verdicts requires a change to your plan. at 860-63. ), 156 S.W. INTERIOR SERVICES, LLC, et al., Defendants. (CrossTalk Productions, Inc. v. Jacobson (1998) 65 Cal.App.4th 631, 640.) Proc., 318, 321.) 2d 590, 596; Lucas v. Provines, 130 Cal. "Adverse possession under a claim of right is not founded on a written instrument, judgment or decree. C 10/30/91. There is no direct evidence that the sidewalk or ornamental plantings were considered in the assessment of the lots. In an adverse possession claim, if any of the requirements "remain unproven or left in doubt", the claim must fail. Rptr. 135, 147.) 3d 876, 879-880 [143 Cal. 12, 17, this court expressly held that if the claimant intends to claim the area occupied as his land, the mere fact that the claim was based on mistake does not preclude him from acquiring title by adverse possession. (Friedman v. Southern California T. Co. (1918) 179 Cal. As the courts have explained: Under California law, to establish adverse possession, a claimant must allege and prove: " (1) possession under claim of right or color of title; (2) actual, open, and notorious occupation of the premises constituting reasonable notice to the true owner; (3) possession which is adverse and hostile to the true owner; In the circumstances, the trial court was not required to infer that the assessor concluded the sidewalk and plantings reflected ownership of the disputed land by defendants and their predecessors. 3d 325] ascertaining the land described by map and parcel number, the landowner must still resort to metes and bounds description. You can also download it, export it or print it out. Plaintiffs' UMFs (1-5) are established as stated. The defense is available in legal as well as equitable actions. (Kendall-Jackson Winery, supra, at 978 citing Fibreboard Paper Products Corp. v. East Bay Union of Machinists (1964) 227 Cal. Unlike a claim of ROSEMARY THOMPSON. In Lam Sai Man v Minloy Limited ([2022] HKCA 37) Mr Lam successfully established that he had been in adverse possession of farmland on Lantau since the late 1950s and that the formal owner's title was extinguished by 1979.The Court of Appeal upheld the Court of First Instance judgment to this effect. App. Proc., 312.) (1) Adverse Possession [6] The burden is on the adverse claimant of the fee to establish that no taxes were assessed against the land or that if assessed he paid them. It was pointed out that in such cases the possessor is not claiming adversely. 3d 1048, 1059.) After Bank of America foreclosed on the property last year, the Palm Beach County Property Appraiser's Office was notified that Barbosa would be moving in, according to the South Florida Sun-Sentinel. December 3, 1981. When, as in the instant case, title is asserted by claim of right, Code of Civil Procedure section 324 provides: "Where it appears that there has been an actual continued occupation of land, under a claim of title, exclusive of any other right, but not founded upon a written instrument, judgment or decree, the land so actually occupied, and no other, is deemed to have been held adversely.". 24325. The case of Breen v. Donnelly, supra, is not in point, for it involved the application of the statute of limitations to an action for relief on the ground of fraud or mistake under section 338(4) of the Code of Civil Procedure. 119, 123 [13 P.2d 647], where the occupation of the land was by mistake "with no intention on the part of the occupant to claim as his own, land which does not belong to him, but with the intention to claim only to the true line wherever it may be. Her deed, however, describes the whole of Lot 6. There are parts of the world in which people have legally gained property rights through adverse possession. Dist. (Wood v. Davidson, 62 Cal. But the Supreme Court has rejected this contention. Step 1 - Talk to your neighbour. 349, 353 [99 Am.Dec. However, not all such claims are nearly as straightforward; and, in general, adverse possession is not easy to establish. BOX 942879, SACRAMENTO, CAI.IFORNIA 94279.0001) (916) 324-:6592 ,.~ ~ WllLIAJIU.SEMllt . Adverse possession laws allow for a person to legally claim ownership over a property by paying taxes and staying there for a certain amount of time. 550]; Gregory v. Thorrez, 277 Mich. 197, 200 [269 N.W. at 309-310 citing Woodward v. Faris, 109 Cal. It is not enough for a party to merely occupy land which belongs to someone else. 2d 143, 157 [40 P.2d 839]; Montecito Valley Co. v. Santa Barbara, 144 Cal. You're all set! BACKGROUND [196 P.2d 900]; West v. Evans (1946) 29 Cal. 2d 465] assessment rolls and that the property occupied by respondent has been described in the tax assessment rolls of both the city and county as the east half of Lot 7 and assessed to respondent and his predecessors as improved property. 776 [195 P. 1068]; Johnson v. Buck, 7 Cal. Although the court assumed that privity might not be established by other means, any language in the opinion supporting such a rule was unnecessary to the decision in that case and is disapproved. The trial court found that respondent and "his predecessors in title" have been in possession of the property in question by virtue of deeds mistakenly describing the property as the east one-half of Lot 7 for more than the statutory period and that the land in question was conveyed to plaintiff and his predecessors by deeds describing the adjoining property. App. 2d 453, 459-461 [196 P.2d 900]. 347 [260 P. 942]. 4900 1373 Copyright Judicial Council of California right to use the land in a particular way (i.e., an easement)." (Hansen, supra, 22 23, 29 [91 P. 994]; Wilder v. Nicolaus, 50 Cal. The trial court found that he intended to claim only the land described in his deed, and this court affirmed the judgment on the ground that in the absence of an intention to claim the land in dispute as his own, his possession was not adverse. 332 [52 P. 828], and Saner v. Knight, 86 Cal. Adverse possession can extinguish an easement, no cases in NH about extinguishment of conservation easement i. Titcomb v. Anthony, 126 N.H. 434, 437 (1985) - "It is . It therefore follows that the conclusion of the trial court that the respondent and his predecessors were in continuous possession for the statutory period must be sustained. App. )Whether the doctrine of unclean hands applies is a question of fact. (Kendall-Jackson Winery, supra, at 978 citing CrossTalk Productions, Inc. v. Jacobson (1998) 65 Cal. 679, 686. Section 338(4) provides that in such a case the cause of action for purposes of the statute of limitations is deemed not to accrue until the discovery of facts constituting the fraud or mistake. DEMURRER TO FIRST AMENDED COMPLAINT We will email you Based upon the documents judicially noticed, adverse possession in not an appropriate cause of action for this situation. Case No. 2d 414, 417 [175 P.2d 219]) means, not that the parties must have a dispute as to the title during the period of possession, but that the claimant's possession must be adverse to the record owner, "unaccompanied by any recognition, express or inferable from the circumstances of the right in the latter." The improver has the burden of establishing entitlement to such relief, and the "degree of negligence" will be taken into account in determining whether he is in good faith and in determining what relief is consistent with substantial justice. The parties have not briefed the questions whether a prescriptive easement for maintenance of landscaping would be the equivalent of a fee interest, whether such an interest may be obtained in the absence of tax payment (see Raab v. Casper, supra, 51 Cal. 430.10(e); Zelig v. County of Los Angeles (2002) 27 Cal.App.4th 1112, 1126.) 266, 269 [32 P. 173]; Finley v. Yuba County Water Dist. 562, 567 [288 P. 146]; Biaggi v. Phillips, 50 Cal. You can explore additional available newsletters here. (Id. 29]; Johnson v. Buck (1935) 7 Cal. (See Ballantine, Title by Adverse Possession, 32 Harv.L.Rev. (Code Civ. California follows the majority rule that the claim of right is sufficient, whether it is deliberately wrongful or based on mistake. Bird, C. J., Tobriner, J., Mosk, J., Richardson, J., Newman, J., and Kaus, J., concurred. (Id. His next-door neighbor, respondent, has a deed describing the east half of Lot 7, but he has been occupying a house on land described in appellant's deed, the west half of Lot 7. Section 325 provides that "For the purpose of constituting an adverse possession by a person claiming title, not founded upon a written instrument, judgment, or decree, land is deemed to have been possessed and occupied in the following cases only: (1) Where it has been protected by a substantial inclosure. ), [3a] Although there is some conflict in cases from other jurisdictions, the rule is settled in California that the requisite hostile possession and claim of right may be established when the occupancy or use occurred through mistake. (1979) 99 Cal. ), A Color of Title adverse possession is when a conveyance reasonably relied upon by the purchaser to maintain exclusive and uninterrupted possession for at least 5 years is held to create title rights, even if that conveyance later proves to be defective. 2d 675, 728; Burton v. Sosinsky (1988) 203 Cal. that might establish adverse possession by a person who is not a tenant in common are, The original owners of the home had been foreclosed and they left the property. The parties and their predecessors were assessed taxes by lot number. (Raab v. Casper (1975) 51 Cal. b. 2d 814, 819 [112 P.2d 595]; E. E. McCalla Co. v. Sleeper, 105 Cal. 2d 575, 581-582 [304 P.2d 149]; see 3 Witkin, Summary of Cal. 484, 489-490 [119 P. 893]; Raab v. Casper, supra, 51 Cal. 322. As of 2019, this is true only of property taxes the true owner was required to pay. Since appellant as well as other interested parties at the time the taxes in question were assessed also understood that the taxes related to the property occupied, he could not have been misled thereby. 578; cases from other jurisdictions collected, 97 A.L.R. The trial court found that the land occupied by respondent, the west half of Lot 7, is improved land, whereas the east half of Lot 7 described in respondent's deed is unimproved, and that through a general mistake, the improved lot occupied by respondent "has been generally known and described in and about the City of Benecia" as the east half of Lot 7, an unimproved part of the property occupied by Nettie Connolly. nature of the case: civil - real property trial court disposition: claim for adverse possession was denied; claim for damages was denied; court assessed costs to both parties disposition: affirmed-8/3/99 motion for rehearing filed:09/01/1999; denied 5/16/2000 certiorari filed: mandate issued: 6/6/2000 before king, p.j., irving, and thomas, jj. Plaintiffs urge that the adverse possession doctrine should be modified in the light of modern conditions. 266 [176 P. 442]; Mann v. Mann, 152 Cal. In the present case, however, the respondent proved by substantial evidence that the description on the tax assessment rolls was mistaken and that he and his predecessors not only thought that they were paying taxes on the land occupied but in fact paid taxes actually assessed against such lands. Whether or not an ouster is found is greatly dependent upon the facts of each case Exclusive possession by a cotenant, alone "is not the equivalent of an ouster, nor, for that matter, does it conclusively establish adverse possession. The improved portion of lot 1407 is apparently a strip about 15 feet wide. This is why in most cases successful adverse possession claims are not that common. ], 425.) For example: The adverse possession period in State X is 20 years. A survey stake purporting to establish the boundary between the two lots had been erroneously placed on plaintiffs' property without fault of either plaintiffs or defendants or their predecessors, and in making the above improvements and using them, defendants' and their [30 Cal. In order to establish a title under this section it is necessary to show that the claimant or "those under whom he claims, entered into possession of the property under claim of title, exclusive of other right, founding such claim upon a written instrument, as being a conveyance of the property in question, or upon the decree or judgment of a competent court, and that there has been a continued occupation and possession of the property included in such instrument, decree, or judgment, or of some part of the property for five years so included. The demurrers are sustained without leave to amend. App. App. This is an adverse possession action arising out of real property located in Los Angeles (Property). App. Numerous cases have since recognized that title by adverse possession may be acquired though the property was occupied by mistake. The reasoning supports, at most, a rule designed to protect the claimant's predecessor where he transfers by deed a part but not all of the land he possessed. Appellant's contention that respondent's possession was not adverse is based on the statement in Holzer v. Read, 216 Cal. The Court considered the moving and opposition papers. App. 5 Contact Talkov Law today at (844) 4-TALKOV (825568) to speak with an attorney Cal. Ct. (1999) 76 Cal.App.4th 970, 978 citing Blain v. Doctor's Co. (1990) 222 Cal. A recent adverse possession case has rendered successful claims even less likely. Hostile Claim - The trespasser must either: make an honest mistake (such as relying on an incorrect deed), merely occupy the land (with or without knowledge that it is private property); or be aware of his or her trespassing. 1986). (See Freidman v. Southern Calif. T. Co., 179 Cal. Thus, appellant had been living for over 40 years in a house on a lot that is actually the east half of Lot 8, but which his deed describes as the west half of Lot 7. The evidence before the trial court, particularly the fact that the land was assessed as improved property whereas the description on its face referred to a vacant lot, supports the trial court's determination that the description was mistaken and that the respondent and his predecessors actually paid all taxes assessed for the statutory period on the land that they occupied. 1973) p. 142]; Bonds v. Smith, 143 F.2d 369, 371; cases collected 46 A.L.R. The adverse possessor must enter the land without consent (adversely) and stay openly, obviously and con-tinuously in peaceable possession for a given number of years. HEARING: 04/18/18 The court also concluded that they had not paid taxes on the disputed property. The other parties to the superior court proceedings are not parties to the appeal. 270, 272 [62 P. 509]; see 1 Cal.Jur. Your credits were successfully purchased. 2d 590, 596; Sorenson v. You're all set! " STATE OF CALIFORNIA STATE BOARD OF EQUALIZATION 1020 N STREET, SACRAMENTO, CALIFORNIA (P.O. (Park v. Powers, 2 Cal. App. They believed that the improved portion of lot 1407 was part of their lot. A feature of Tennessee's adverse possession statutes that it shares with 18 other states is that if the trespasser occupies the land "under color of title," the minimum time necessary to become the legal owner may shorten from 20 years to seven. The opinion does not set forth the uncontroverted evidence establishing the intention. In 1938, E. E. Rose and Bessie Rose executed a like deed in favor of Nicholas Kadas and Josephine Kadas. 2d 453, 458 et seq. App. As pointed out above, failure to pay taxes bars the claim of title by adverse possession. A survey stake purporting to establish the boundary between the two lots had been erroneously placed on plaintiffs' property without fault of either plaintiffs or defendants or their predecessors, and in making the above improvements and using them, defendants' and their [30 Cal. has passed by adverse possession. Adverse Possession Claims: Establishing Key Elements. Rptr. II. ", The relationship between the mistake rule and the exception was addressed in Sorensen v. Costa (1948) 32 Cal. Finding that defendants and their predecessors mistakenly believed from the outset that the disputed portion of lot 1407 was part of lot 1408, the trial court determined that they did not intend to claim any land which did not belong to them and that their possession was not hostile and adverse. Accordingly, we do not address those questions. 3d 866, 876-877), and whether the size of trees or bushes should be limited to their smallest size during the prescriptive period (see O'Banion v. Borba (1948) 32 Cal. (E.g., Sorensen v. Costa, supra, 32 Cal. Proc. App. Estate of Williams (1977) 73 Cal.App.3d 141, 147. Adverse Possession Defense. 3d 322], [2] A prescriptive easement requires establishment of the same elements except that payment of taxes is required only if the easement has been separately assessed. 38-41-101, 38-41-108. The court therefore determined that respondent and his predecessors have paid all the taxes that have been assessed on the property actually occupied by them for the five- year period before the commencement of the action. 119, 123 [13 P.2d 697], that 'where the occupation of land is by a mere mistake, and with no intention on the part of the occupant to claim as his own, land which does not belong to him, but with the intention to claim only to the true line wherever it may be, the holding is not adverse.' 3) Do not allow subletting, make sure it is clearly stated in the lease. [30 Cal. Where the complaint fails to state facts sufficient to constitute a cause of action, courts should sustain the demurrer. [5b] Under the stipulated facts, we must uphold the trial court's finding that defendants and their predecessors did not pay taxes on the disputed land. Your subscription was successfully upgraded. 347, 351 [260 P. 942], it was held that deeds describing the property were sufficient to establish the privity necessary to tack the adverse possession of the claimant to that of his predecessors. To hold that the occupier's belief of ownership of the disputed land showed without more an intent not to claim nonowned land would emasculate the mistake rule. FN 2. AMARJIT GILL, ET AL. Your recipients will receive an email with this envelope shortly and Law (8th ed. DEED OF TRUST #20071755925, ROSEMARY THOMPSON VS O C INTERIOR SERVICES LLC ET AL, CARLOS MORENO VS ALL PERSONS UNKNOWN, CLAIMING ANY LEGAL OR EQUITABLE RIGHT, TITLE, ESTATE, LIEN, OR INTEREST IN THE PROPERTY DESCRIBED IN THE, Construction Defect Liability (Right to Repair Act), Application for Order of Sale of Dwelling, Opposing Forfeiture of a Lease or Rental Agreement. C.C.P. Such justification for the rule is as applicable to our modern society as in past years and has little relation to method of deed description. App. Get free summaries of new Supreme Court of California opinions delivered to your inbox! ], This site is protected by reCAPTCHA and the Google. 2d 460] the holding is not adverse." App. . Rptr. 18. . Since the Woodward case, it has been an established rule in this state that 'Title by adverse possession may be acquired through the possession or use commenced under mistake.' It has no application to a situation where the deed describes none of the land possessed by the claimant's predecessor and the predecessor has transferred possession and attempted to transfer title to all of the land that he possessed. App. App. California law requires an adverse possessor to pay the property taxes associated with the property during the statutory period before title by adverse possession may be awarded. In California, adverse possession is defined and regulated both by statute and by state courts. (Sorensen v. Costa, supra, 32 Cal. [Sac. California follows the majority rule that the claim of right is sufficient, whether it is deliberately wrongful or based on mistake". A dispute subsequently arose between appellant and respondent with respect to the land occupied by respondent but described in appellant's deed, and respondent brought this action to quiet his title to the land in question on the ground that he had acquired title thereto by adverse possession. The court did not define the term "privity of estate," and there is no reason to assume that the court intended to use this term as restricted to privity between transferees by deed. Insofar as the statutory policy is predicated upon mistake by the occupant, they reflect an intent to grant relief to the mistaken occupier, not to repudiate or reduce his rights. News. Various commentaries agree that the title presented need not be legal. Rptr. The key elements which need to established in claims of adverse possession and prescriptive easement are set forth in Section A, supra. ERNEST T. SORENSEN, Respondent, v. MANUEL COSTA, Appellant. 3d 321] predecessors relied upon the position of the stake. 2d 197, 202 [46 P.2d 771]; see Sorensen v. Costa, supra, 32 Cal. 578 [77 P. 1113; additional cases collected, 1 Cal.Jur. Id. Proc., 322, 324.) 2d 145, 155 [195 P.2d 10]). vii. Colorado. fn. ( 871.5.). To occupy a residential structure solely by claim of adverse possession and offers the property for lease to another commits theft under s. 812.014, F.S. Five years after August 2019 would complete the timing element for adverse possession, or August 2024. He must come into court with clean hands, and keep them clean, or he will be denied relief, regardless of the merits of his claim. (Kendall-Jackson Winery, supra, at 978 citing Precision Co. v. Automotive Co. (1945) 324 U.S. 806, 814-815; Hall v. Wright (1957) 240 F.2d 787, 794-795.) In Woodward v. Faris (1895) 109 Cal. However, because no taxes were separately assessed, the lack of tax payment would not bar claim of prescriptive easement. (1996) 50 Cal. Party B: Has a very week case and thus choses to hire the best attorney possible and pays $75K to prosecute the case. The exception was applied to deny a claim of adverse possession in Holzer v. Read (1932) 216 Cal. ITT Rayonier, Inc. v. Bell, 112 Wn.2d at 759; Timberlane Homeowners Ass'n, Inc. v. Brame, 79 Wn.App. The Holzer case involved a different situation, a dispute as to boundaries, that turned on the question whether the occupier in occupying up to a certain line intended to claim the land included in the record title of his neighbor or to claim only whatever land was described in his own deed. 262].) Nettie Connolly has been in possession for many years of property that includes the east half of Lot 7, which is unimproved land, and the west half of Lot 6. 303, 309-10, 901 P.2d 1074 (1995). [5] Appellant also contends that the mutual mistake precludes respondent from showing that his possession and that of his predecessors was under "such circumstances as to constitute reasonable notice to the owner." ed. It was held that the landowners paid taxes on the basis of the homes and lots occupied and that assessment roll descriptions were erroneous. Colo. Rev. [6] Under section 325 of the Code of Civil Procedure, respondent was required to prove that "the land had been occupied and claimed for the period of five years continuously." In Saner v. Knight, 86 Cal. In such a case, the possession is not considered to be hostile. The doctrine of adverse possession provides that sometimes a trespasser can become a rightful owner. Code 325 . The party must plead, and ultimately prove in order to prevail, that it is in possession of the subject property. App. Hypothetical I: Party A: Has a very strong case and hires a pretty good attorney and pays a regular $50K to take his case through trial. Typically, these requirements include occupying . Id. However, where it is shown that there is an error in the description on the assessment roll, the claimant may establish the error and his payment of taxes. 2. The court reasoned that the underlying historical philosophy of the doctrine is that land use was favored over disuse and that modern environmental concerns in a sophisticated, congested, peaceful society may sometimes result in disuse being favored over use. 3d 327] paid taxes on the property bill submitted to him, the assessment rolls using the deed descriptions. We have notified your account executive who will contact you shortly. Elements of Adverse Possession in Texas, Statute of Limitations, Forms. In the present case there can be no question under the findings of the trial court that the occupation of respondent and his predecessors was such as to constitute reasonable notice that they claimed the land as their own. Shortly thereafter the grantees exchanged deeds, dividing the lot between them. No appeal has been taken from the part of the judgment quieting title in favor of Nettie Connolly. The case presents a good overview of this powerful, yet sometimes-forgotten legal doctrine. (emphasis and underline added). CCP 438(b). (2) Quiet T .. 12, 17 [41 P. 781]. the specific facts 2d 197, 202 [46 P.2d 771].) (Standard Quicksilver Co. v. Habishaw, 132 Cal. Appellant relies on Breen v. Donnelly, 74 Cal. [4] Plaintiffs also urge that the 1968 good-faith-improver legislation warrants modification of adverse possession doctrine because the legislation furnishes relief to the mistaken occupier. particular circumstances, title by adverse possession cannot be acquired unless it is shown that the adverse possession continued for that specific period. Morse & Richards and Stanley C. Smallwood for Respondent. Recipients will receive an email with this envelope shortly and Law ( 8th ed in! 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It is deliberately wrongful or based on mistake have since recognized that title by adverse possession defined... Interior SERVICES, LLC, et al., Defendants 1 Cal.Jur thereafter the grantees exchanged deeds, dividing the between! Applied to deny a claim of prescriptive easement STATE facts sufficient to constitute a cause of action, courts sustain! 197, 202 [ 46 P.2d 771 ] ; Biaggi v. Phillips, 50 Cal of. The basis of the lots the judgment quieting title in favor of Kadas... ( 916 ) 324-:6592,.~ ~ WllLIAJIU.SEMllt ( 916 ) 324-:6592,.~ ~ WllLIAJIU.SEMllt P. ]. Enough for a party to merely occupy land which belongs to someone else Casper,,... In Section a, supra, 32 Cal 269 N.W 157 [ 40 P.2d 839 ;! Not claiming adversely that specific period particular circumstances, title by adverse possession is adverse. Are parts of the stake Nicholas Kadas and Josephine Kadas specific period judgment or decree possession period in X. Unclean hands applies is a question of fact based upon adverse possession has. 575, 581-582 [ 304 P.2d 149 ] ; Bonds v. Smith 143., 371 ; cases from other jurisdictions collected, 97 A.L.R [ If the title need. World in which people have legally gained property rights through adverse possession P.2d 240 ] ; 1! Taxes by lot number claiming adversely assessed taxes by lot number California, adverse possession arising., and ultimately prove in order to prevail, that it is in possession of the subject....
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