CA PLS Module 4: Analysis & Evaluation

How many years of continuous possession are required for adverse possession in California?

5 years. The land must be occupied and claimed continuously, and the party must have timely paid all state, county, or municipal taxes for the 5-year period. Cal. Code Civ. Proc. § 325(b).

A neighbor has openly used a path across your client's property for 6 years without permission. Has a prescriptive easement been established?

Likely yes, if use was open, notorious, hostile, continuous, and under claim of right for at least 5 years. Unlike adverse possession, tax payment is NOT required for prescriptive easements. Cal. Code Civ. Proc. § 318.

What is the key difference between adverse possession and a prescriptive easement regarding taxes?

Adverse possession requires the claimant to have paid all taxes assessed for the 5-year period (CCP § 325(b)). Prescriptive easement does NOT require tax payment -- only 5 years of open, notorious, hostile, continuous use.

A property owner wants to prevent neighbors from gaining a prescriptive easement by use of a trail across their land. What should they do?

Post signs at each entrance or at intervals of not more than 200 feet along the boundary reading substantially: "Right to pass by permission, and subject to control, of owner: Section 1008, Civil Code." Cal. Civ. Code § 1008.

For adverse possession without a written instrument or judgment, what two conditions establish "possession"?

(1) The land has been protected by a substantial enclosure, OR (2) the land has been usually cultivated or improved. Cal. Code Civ. Proc. § 325(a).

A property is bounded by a non-navigable creek. Where does the boundary extend?

To the middle of the stream (the thread). Cal. Civ. Code § 830.

Where is the boundary when property borders tidewater?

The owner takes to ordinary high-water mark. Cal. Civ. Code § 830.

A property borders a navigable lake with no tidal influence. Where is the boundary?

The owner takes to the edge of the lake at low-water mark. Cal. Civ. Code § 830.

Over 30 years, a river has gradually deposited sand along your client's riverbank, adding 15 feet of new land. Who owns it?

The property owner. Accretion -- land formed by imperceptible degrees from natural causes -- belongs to the owner of the bank. Cal. Civ. Code § 1014.

A flood suddenly tears away a large, identifiable piece of a riverbank and deposits it downstream. Who owns the displaced land?

The original owner may reclaim it within one year after the downstream owner takes possession. This is avulsion -- sudden, violent removal of land -- which does NOT transfer ownership. Cal. Civ. Code § 1015.

What is the key distinction between accretion and avulsion for boundary purposes?

Accretion (gradual, imperceptible change) shifts the boundary -- the riparian owner gains the new land. Avulsion (sudden, violent change) does NOT shift the boundary -- the original owner retains title. Cal. Civ. Code §§ 1014, 1015.

An island forms in a non-navigable stream, attached to only one bank. Who owns it?

The owner of the shore on the side where the island formed. If not formed on one side only, ownership is divided between both shore owners by an imaginary line through the middle of the river. Cal. Civ. Code § 1017.

An owner of land bounded by a public road is presumed to own to where?

To the center of the road. This presumption may be rebutted. Cal. Civ. Code § 831.

A deed says "thence along the road." What is the legal presumption about the boundary?

When a road or non-navigable stream is the boundary, the grantor's rights to the middle of the road or thread of the stream are included in the conveyance, unless the contrary appears from the grant or attendant circumstances. Cal. Code Civ. Proc. § 2077(4).

What happens when contiguous parcels are held by the same owner -- does automatic merger occur?

No. California prevents automatic merger of contiguous parcels. Merger requires a specific process with notice and hearing. Cal. Gov. Code § 66451.10 et seq.

A subdivision of 8 residential lots is proposed. What type of map does the SMA require?

A tentative map AND a final map. Subdivisions creating 5 or more parcels require both. Cal. Gov. Code § 66426.

A subdivider proposes to divide a parcel into 3 lots. What mapping requirement applies?

A parcel map, unless the local agency has adopted an ordinance waiving the parcel map requirement. Cal. Gov. Code § 66428.

On what grounds may a local agency deny a tentative subdivision map?

Inconsistency with the general/specific plan, site unsuitability due to flooding/geology, environmental damage, public health problems, and easement conflicts. Cal. Gov. Code § 66474.

Each coterminous owner is entitled to what type of support from adjoining land?

Lateral and subjacent support. An excavating neighbor must provide reasonable notice, use ordinary care and skill, and for excavations exceeding 9 feet below curb level, must protect adjoining property at their own cost. Cal. Civ. Code § 832.

Before excavating deeper than 9 feet near a property line, what obligation does the excavator have?

The excavating owner must protect adjoining property from damage "without cost to the owner thereof" and remains liable for harm (except minor settlement cracks). Cal. Civ. Code § 832.

A fence exceeding 10 feet in height is built solely to block a neighbor's view. Is this lawful?

No. A fence unnecessarily exceeding 10 feet in height, maliciously erected to annoy the adjoining owner, is a private nuisance (a "spite fence"). Cal. Civ. Code § 841.4.

Two neighbors share a boundary. Who is responsible for maintaining boundary monuments between them?

Adjoining landowners share equally in the responsibility for maintaining boundaries and monuments between them. Cal. Civ. Code § 841(a).

A tree trunk straddles the boundary line between two parcels. Who owns the tree?

Both owners in common. Trees whose trunks stand partly on the land of two or more coterminous owners belong to them in common. Cal. Civ. Code § 834.

A tree's trunk is entirely on Parcel A, but its roots extend into Parcel B. Who owns the tree?

The owner of Parcel A exclusively. Trees whose trunks stand wholly on one owner's land belong exclusively to that owner, even though roots grow into adjoining land. Cal. Civ. Code § 833.

Can the public acquire a prescriptive right to use private coastal property for beach access?

No (for use after the 1987-88 legislative session). No public use of property within 1,000 yards of the mean high tide line shall ripen into a vested right, absent a written offer of dedication, court judgment, or quasi-judicial order. Cal. Civ. Code § 1009(e).

What is the priority of calls (evidence hierarchy) when a property description has conflicting elements?

Natural monuments > artificial monuments > courses (bearings/distances) > area/quantity. This follows the general common law hierarchy, reinforced by CCP § 2077 (monuments paramount over measurements).

A 1920 deed describes a parcel using both a metes-and-bounds description and an area of "10 acres, more or less." The metes-and-bounds closure computes to 9.7 acres. Which controls?

The metes-and-bounds description. Lines and angles are paramount over surfaces (area). The "more or less" language further indicates area was an estimate, not a precise call. Cal. Code Civ. Proc. § 2077(3).

A seller conveys "Lot 5 per recorded map" but the deed also includes a metes-and-bounds description that conflicts. Which controls?

The reference to the recorded map may control if the parties acted on the assumption it was correct -- but it is not automatically paramount. The map reference is subject to any other call that cannot be reconciled with it. Cal. Code Civ. Proc. § 2077(6).