Squatters Rights California Summary
Statutory Period
5 years with payment of property taxes and either color of title or claim of right
Primary Statute
California Code of Civil Procedure § 325-328
Additional Requirements
- Open, notorious, exclusive, and hostile possession
- Payment of all property taxes for the 5-year period (mandatory)
- Either claim of right or color of title
- Actual, visible occupation with substantial enclosure or cultivation
Squatters Rights 30 Days California
Origins of the 30-Day Myth in California
- Confusion with tenant laws: California's strong tenant protection laws provide specific protections to legal tenants, including notice requirements before eviction. These do not apply to unauthorized occupants.
- Misunderstanding of adverse possession: The actual statutory period for adverse possession in California is 5 years with payment of all property taxes, not 30 days.
- Eviction process timelines: California's formal eviction process can take several months, creating the false impression that squatters have gained rights during this procedural period.
- Social media misinformation: California's housing crisis has led to viral misinformation about squatter rights, particularly in urban areas.
California's 2025 Squatter Removal Process
California law provides property owners with several options to remove unauthorized occupants:
- Property owners can request law enforcement assistance in removing trespassers through California's criminal trespass laws (Penal Code § 602)
- California offers an unlawful detainer process for removing unauthorized occupants
- California's Civil Code § 1940.6 provides a specific procedure for handling squatters in residential properties
- Property owners must provide proof of ownership such as a deed or proper documentation
- As of 2025, California has clarified procedures for expediting the removal of unauthorized occupants who cannot show any legal right to possession
Important 2025 Update: California has updated its trespassing laws to provide clearer guidelines for law enforcement when dealing with squatters. While California still has strong tenant protections, amendments to Penal Code § 602 have explicitly addressed unauthorized property occupation. For actual adverse possession in California, a claimant must occupy the property for 5 years AND pay all property taxes during that period, not 30 days as commonly misunderstood.
Overview of Adverse Possession in California
Key information about squatter's rights in California
California has one of the most stringent adverse possession laws in the United States, requiring both a 5-year possession period AND payment of all property taxes during that time. The state's high property values have led to particularly careful judicial scrutiny of adverse possession claims.
Statutory Time and Tax Requirements
California requires a 5-year period of continuous possession AND payment of all property taxes during that period to establish adverse possession under Code of Civil Procedure § 325.
The tax payment requirement is strictly enforced by California courts and represents a significant hurdle for potential adverse possessors.
Reference: California Code of Civil Procedure
Common Law Elements
To establish adverse possession in California, the following elements must be proven:
- Actual: Physical occupation of the property
- Open and Notorious: Visible use that would be obvious to the true owner
- Exclusive: Using the property as if the possessor were the owner
- Hostile: Possession without the owner's permission
- Continuous: Uninterrupted possession for the entire 5-year period
Tax Payment Requirement
California's tax payment requirement is strictly enforced by courts:
- Payment must be for all taxes assessed during the entire 5-year period
- Payments must be timely made to the appropriate tax authority
- The burden is on the claimant to prove all tax payments
- Partial tax payments are generally insufficient
- This requirement alone prevents most squatters from ever establishing adverse possession
This strict requirement makes successful adverse possession claims in California relatively rare, especially in high-value urban areas.
Statutory Time Requirements
California's laws provide specific timeframes for adverse possession:
- 5 years: Standard adverse possession period required for a claim to mature
This period must be continuous and uninterrupted. Any acknowledgment of the true owner's title or legal action will restart the statutory period.
Reference: California Code of Civil Procedure
California Adverse Possession Statutes
California Code of Civil Procedure § 325. Adverse possession
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 enclosure.
2. 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 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 timely paid all state, county, or municipal taxes that have been levied and assessed upon the land for the period of five years during which the land has been occupied and claimed. Payment of those taxes by the party or persons, their predecessors and grantors shall be established by certified records of the county tax collector.
California Civil Code § 1007. Title by prescription
Occupancy for the period prescribed by the Code of Civil Procedure as sufficient to bar an action for the recovery of the property confers a title thereto, denominated a title by prescription, which is sufficient against all, but no possession by any person, firm or corporation no matter how long continued of any land, water, water right, easement, or other property whatsoever dedicated to a public use by a public utility, or dedicated to or owned by the state or any public entity, shall ever ripen into any title, interest or right against the owner thereof.
California Code of Civil Procedure § 318. Seizin within five years, when necessary in action for real property
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.
Important Legal Notes
- California requires payment of ALL property taxes during the 5-year period, which is a much stricter requirement than most states.
- The tax payment must be proven through certified records from the county tax collector, creating a significant documentation requirement.
- California courts have consistently held that the burden of proof for adverse possession claims is "clear and convincing evidence."
- California specifically protects all public entity land, public utility property, and dedicated public use properties from adverse possession claims.
- The substantial enclosure or cultivation requirement is strictly enforced by California courts.
Key California Adverse Possession Cases
Christensen v. Tucker (1952)
This landmark California Supreme Court case established that the hostility requirement does not require actual malice or ill will—it simply requires occupation without the owner's permission. The court held that even a mistaken belief about property boundaries can satisfy the hostile requirement if the possession is actual, open, notorious, exclusive, and continuous for the statutory period.
Gilardi v. Hallam (2016)
The California Court of Appeal emphasized the strict tax payment requirement, rejecting an adverse possession claim where the claimant had occupied the property for over 20 years but could not show payment of all property taxes for a continuous 5-year period. The court confirmed that the tax payment requirement is an indispensable element of adverse possession in California.
Sevier v. Locher (1990)
This case clarified that for boundary dispute cases, California requires the same five elements as any other adverse possession claim, including the payment of taxes. However, the court recognized that in boundary disputes where the disputed area is relatively small compared to the overall parcel, tax payment may be inferred if the assessed taxes were based on a legal description that included the disputed area.
Buic v. Buic (1992)
The California Court of Appeal addressed the "substantial enclosure" requirement, holding that in urban residential settings, improvements like installing a fence, building a patio, or landscaping could satisfy this requirement when done in a way that clearly delineates possession. The case acknowledged that the enclosure or cultivation requirement must be interpreted in the context of the property's location and character.
California Adverse Possession Procedures
Making an Adverse Possession Claim
To establish adverse possession in California, a claimant typically must:
- File a quiet title action in the Superior Court of the county where the property is located
- Provide certified records from the county tax collector proving payment of all property taxes for 5 consecutive years
- Demonstrate that possession was actual, open, notorious, exclusive, hostile, and continuous for 5 years
- Prove the land was protected by a substantial enclosure or usually cultivated/improved
- Present evidence such as witness testimony, photographs, surveys, and documentation of improvements
- Meet California's "clear and convincing evidence" standard of proof
- Obtain a court judgment granting legal title to the property
Following a successful quiet title action, the claimant should record the judgment with the county recorder's office to establish clear title to the property.
Defending Against Squatters
California property owners can protect against adverse possession claims by:
- Regularly inspecting property boundaries
- Ensuring timely payment of all property taxes
- Posting "No Trespassing" signs around the property perimeter
- Maintaining accurate property surveys and documentation
- Providing written permission for any allowed use of the property
- Taking legal action against unauthorized users before the 5-year statutory period expires
- Documenting property visits and inspections
- Considering a property management service for vacant properties
- Filing a declaratory action to establish property rights if a dispute arises
Any action that interrupts the continuity of possession will restart the 5-year statutory period and prevent an adverse possession claim from maturing.
Removing Squatters
California provides property owners with several options for removing unauthorized occupants:
- Law Enforcement Assistance: For clear cases of trespassing, property owners can request assistance from law enforcement to remove unauthorized occupants under California's criminal trespass laws (Penal Code § 602).
- Unlawful Detainer Process: This is California's primary legal process for removing unauthorized occupants:
- Serve a written notice (typically a 3-day notice to quit for squatters)
- File an unlawful detainer complaint with the Superior Court if the squatter doesn't leave
- Request an expedited hearing (available in clear squatter cases under CCP § 1170.5)
- Attend the court hearing
- Obtain a writ of possession if the court rules in your favor
- Have the sheriff execute the writ to remove the squatters
- Special Squatter Provision: California Civil Code § 1940.6 provides a specific procedure for dealing with squatters in residential properties, allowing for a streamlined removal process when the occupant has no legal right to be on the property.
Important: California law strictly prohibits "self-help" evictions such as changing locks, removing doors, or shutting off utilities. Property owners must follow legal procedures to remove occupants or risk civil and criminal liability under California's strong tenant protection laws.
Frequently Asked Questions
How long must someone occupy my property in California to claim adverse possession?
In California, the statutory period for adverse possession is 5 years of continuous possession. However, California also requires payment of ALL property taxes during that same 5-year period, which is a significant hurdle for most squatters. The "30-day squatter's rights" claim is completely false - no one can gain ownership rights to your property after just 30 days of occupation.
Why does California require payment of property taxes for adverse possession?
California's tax payment requirement serves several purposes: it creates public notice of the possessor's claim, demonstrates the possessor's commitment to taking on the responsibilities of ownership, and makes adverse possession claims much more difficult to establish. This requirement is particularly effective at preventing casual squatters from gaining property rights, as most unauthorized occupants are unlikely or unable to pay property taxes.
What constitutes a "substantial enclosure" in California?
California courts interpret "substantial enclosure" to mean improvements that clearly indicate possession and exclude others. In urban settings, this might include fencing, landscaping, building structures, or installing permanent improvements. In rural settings, it could include larger-scale fencing, agricultural improvements, or infrastructure development. The enclosure must be substantial enough to give notice to the true owner and the public of the adverse possessor's claim to the property.
Can I legally remove squatters from my property in California?
Yes, but you must follow legal procedures. For clear cases of trespassing, you can request law enforcement assistance under California's criminal trespass laws. In other cases, you must use California's unlawful detainer process or the special procedure under Civil Code § 1940.6. "Self-help" methods like changing locks or cutting off utilities are illegal in California and could result in significant civil liability under California's tenant protection laws.
Can someone claim adverse possession against government-owned land in California?
No. California Civil Code § 1007 specifically prohibits adverse possession claims against land "dedicated to or owned by the state or any public entity." This includes all state, county, city, and other governmental lands, as well as land dedicated to public use by a public utility. This protection is absolute, regardless of how long the property has been possessed.
Can I lose my land in a boundary dispute through adverse possession in California?
Yes, but California still requires all elements of adverse possession to be met, including the tax payment requirement. In boundary disputes involving small portions of land, courts may sometimes infer that taxes were paid if the assessment was based on a legal description that included the disputed area. However, the claimant must still prove actual, open, notorious, exclusive, and hostile possession for 5 continuous years, as well as substantial enclosure or cultivation of the disputed area.