What is the law in California regarding adverse possession?
Adverse possession is recognized as a mode of acquiring title to property, but it is not a favored one. The doctrine of adverse possession involves more than the mere barring of a remedy to the holder of title; it generally creates an absolute title to real property in fee simple, which is as good as title by patent from the state or title by deed from the record owner, although it does not amount to record title unless and until it is made so by a judicial proceeding. Thus, an adverse possession statute is not just a statute of limitations; it can also be used as a method for establishing new title. The key to adverse possession is open and notorious possession of property without the title holder taking steps to remove you for a stated period of time. In California, the Legislature has passed precise criteria for what must be done in order to have a claim of adverse possession and the law is found in the Civil Code at Section 325: For the purpose of constituting an adverse possession
