Skip to content
ClosingCodeClosingCode
ENES

California · TitleCalifornia adverse possession: five years of possession and five years of taxes

California adverse possession can't be established unless the land has been occupied and claimed for five years continuously and the claimant, with predecessors and grantors, has timely paid all state, county or municipal taxes levied and assessed on the land for those five years (Code of Civil Procedure §325(b)). Payment of the taxes is established by certified records of the county tax collector (§325(b)). Where the claim isn't founded on a written instrument, judgment or decree, the land counts as possessed and occupied only if it has been protected by a substantial enclosure or usually cultivated or improved (§325(a)). Because the claimant must pay the taxes, a neighbor's fence alone doesn't meet the statute while the record owner pays the tax bill.

What the statutes set

  1. Five years (§325(b))

    Continuous occupation and claim of the land.

  2. Taxes (§325(b))

    All state, county and municipal taxes on the land, timely paid, for the five years.

  3. Proof (§325(b))

    Certified records of the county tax collector.

  4. No written instrument (§325(a))

    Only land protected by a substantial enclosure or usually cultivated or improved.

What the TC checks when a California survey shows an encroachment

  • Flag any fence, structure or driveway crossing the boundary on the survey.
  • Ask who paid the property tax on the disputed strip; the tax collector's certified records answer it.
  • Route possession claims to the parties' attorneys before the title review deadline.

Questions about California adverse possession

How long is adverse possession in California?

Five years of continuous occupation and claim, plus timely payment of all taxes levied on the land for those five years (CCP §325(b)).

Does an old fence give the neighbor title in California?

Not by itself. The claimant must also have paid the taxes on the land for five years, and without a written instrument the land must be enclosed or cultivated (CCP §325).

Related guides

Track the survey review and the title review deadline as tasks on the deal in ClosingCode.

Start free trial

Source: Code of Civil Procedure §325 (leginfo.legislature.ca.gov), read October 31, 2026.

General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage. This guide is not a substitute for the advice or services of an attorney.