2007 California Code of Civil Procedure Chapter 2. The Time Of Commencing Actions For The Recovery Of Real Property

CA Codes (ccp:315-330)

315.  The people of this State will not sue any person for or in
respect to any real property, or the issues or profits thereof, by
reason of the right or title of the people to the same, unless:
   1. Such right or title shall have accrued within ten years before
any action or other proceeding for the same is commenced; or,
   2. The people, or those from whom they claim, shall have received
the rents and profits of such real property, or of some part thereof,
within the space of ten years.



316.  No action can be brought for or in respect to real property by
any person claiming under letters patent or grants from this State,
unless the same might have been commenced by the people as herein
specified, in case such patent had not been issued or grant made.



(317.)  Section Three Hundred and Seventeen.  When letters patent or
grants of real property issued or made by the people of this State,
are declared void by the determination of a competent Court, an
action for the recovery of the property so conveyed may be brought,
either by the people of the State, or by any subsequent patentee or
grantee of the property, his heirs or assigns, within five years
after such determination, but not after that period.



318.  No action for the recovery of real property, or for the
recovery of the possession thereof, can be maintained, unless it
appear that the plaintiff, his ancestor, predecessor, or grantor, was
seized or possessed of the property in question, within five years
before the commencement of the action.



319.  No cause of action, or defense to an action, arising out of
the title to real property, or to rents or profits out of the same,
can be effectual, unless it appear that the person prosecuting the
action, or making the defense, or under whose title the action is
prosecuted, or the defense is made, or the ancestor, predecessor, or
grantor of such person was seized or possessed of the premises in
question within five years before the commencement of the Act in
respect to which such action is prosecuted or defense made.



320.  No entry upon real estate is deemed sufficient or valid as a
claim, unless an action be commenced thereupon within one year after
making such entry, and within five years from the time when the right
to make it descended or accrued.


321.  In every action for the recovery of real property, or the
possession thereof, the person establishing a legal title to the
property is presumed to have been possessed thereof within the time
required by law, and the occupation of the property by any other
person is deemed to have been under and in subordination to the legal
title, unless it appear that the property has been held and
possessed adversely to such legal title, for five years before the
commencement of the action.



322.  When it appears that the occupant, or those under whom he
claims, entered into the 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, under such claim, for five years, the property so included
is deemed to have been held adversely, except that when it consists
of a tract divided into lots, the possession of one lot is not deemed
a possession of any other lot of the same tract.




323.  For the purpose of constituting an adverse possession by any
person claiming a title founded upon a written instrument, or a
judgment or decree, land is deemed to have been possessed and
occupied in the following cases:
   1. Where it has been usually cultivated or improved;
   2. Where it has been protected by a substantial inclosure;
   3. Where, although not inclosed, it has been used for the supply
of fuel, or of fencing timber for the purposes of husbandry, or for
pasturage, or for the ordinary use of the occupant;
   4. Where a known farm or single lot has been partly improved, the
portion of such farm or lot that may have been left not cleared, or
not inclosed according to the usual course and custom of the
adjoining country, shall be deemed to have been occupied for the same
length of time as the part improved and cultivated.



324.  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.



325.  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:
   First--Where it has been protected by a substantial inclosure.
   Second--Where it has been usually cultivated or improved.
   Provided, however, that in no case shall adverse possession be
considered established under the provision of any section or sections
of this Code, unless it shall be shown that the land has been
occupied and claimed for the period of five years continuously, and
the party or persons, their predecessors and grantors, have paid all
the taxes, State, county, or municipal, which have been levied and
assessed upon such land.


326.  When the relation of landlord and tenant has existed between
any persons, the possession of the tenant is deemed the possession of
the landlord until the expiration of five years from the termination
of the tenancy, or, where there has been no written lease, until the
expiration of five years from the time of the last payment of rent,
notwithstanding that such tenant may have acquired another title, or
may have claimed to hold adversely to his landlord. But such
presumptions cannot be made after the periods herein limited.



327.  The right of a person to the possession of real property is
not impaired or affected by a descent cast in consequence of the
death of a person in possession of such property.



328.  If a person entitled to commence an action for the recovery of
real property, or for the recovery of the possession thereof, or to
make any entry or defense founded on the title to real property, or
to rents or services out of the property, is at the time title first
descends or accrues either under the age of majority or insane, the
time, not exceeding 20 years, during which the disability continues
is not deemed any portion of the time in this chapter limited for the
commencement of the action, or the making of the entry or defense,
but the action may be commenced, or entry or defense made, within the
period of five years after the disability shall cease, or after the
death of the person entitled, who shall die under the disability; but
the action shall not be commenced, or entry or defense made, after
that period.



328.5.  If a person entitled to commence an action for the recovery
of real property, or for the recovery of the possession thereof, or
to make any entry or defense founded on the title to real property,
or to rents or services out of the property, is, at the time the
title first descends or accrues, imprisoned on a criminal charge, or
in execution upon conviction of a criminal offense, for a term less
than life, the time, not exceeding two years, during which
imprisonment continues is not deemed any portion of the time in this
chapter limited for the commencement of the action, or the making of
the entry or defense, but the action may be commenced, or entry or
defense made, within the period of five years after the imprisonment
ceases, or after the death of the person entitled, who dies while
imprisoned; but the action shall not be commenced, or entry or
defense made, after that period.



329.  The time within which an action for the foreclosure of a lien
securing an assessment against real property for street improvements,
the proceedings for which are prescribed by legislation of any
political unit other than the state, may be commenced, shall be two
years from and after the date on which the assessment, or any bond
secured thereby, or the last installment of the assessment or bond,
shall be due, or, as to existing rights of action not heretofore
barred, one year after the effective date hereof, whichever time is
later.  After that time, if the lien has not been otherwise removed,
the lien ceases to exist and the assessment is conclusively presumed
to be paid.  The official having charge of the records of the
assessment shall mark it "Conclusively presumed paid," if, at the
expiration of the time within which such action might be brought he
has received no written notice of the pendency of the action.



329.5.  The validity of an assessment or supplemental assessment
against real property for public improvements, the proceedings for
which are prescribed by the legislative body of any chartered city,
shall not be contested in any action or proceeding unless the action
or proceeding is commenced within 30 days after the assessment is
levied, or such longer period as the legislative body may provide.
Any appeal from a final judgment in such an action or proceeding
shall be perfected within 30 days after the entry of judgment.



330.  In all cases in which there is now vested or there shall
hereafter be vested in a treasurer, street superintendent, or other
public official the power to sell at public auction, after demand
upon him by the holder of any public improvement bond, any lot or
parcel of land upon which exists or which shall hereafter exist a
lien to secure the payment of a public improvement assessment
represented by said bond, and the act or law establishing such power
fails to prescribe the time within which such official may act, said
official may sell at any time prior to the expiration of four years
after the due date of said bond or of the last installment thereof or
of the last principal coupon attached thereto, or prior to January
1, 1947, whichever is later, but not thereafter.  This section is not
intended to extend, enlarge or revive any power of sale which has
heretofore been lost by reason of lapse of time or otherwise.