If the boundaries of land owned either by public or by private entities have been disturbed by earth movements such as, but not limited to, slides, subsidence, lateral or vertical displacements or similar disasters caused by man, or by earthquake or other acts of God, so that such lands are in a location different from that at which they were located prior to the disaster, an action in rem may be brought to equitably reestablish boundaries and to quiet title to land within the boundaries so reestablished.
Actions in Particular CasesCullen Earthquake Act
Section § 751.50
This law allows property owners to go to court to fix boundary lines when their land has shifted due to natural disasters or human activities like landslides or earthquakes. The goal is to fairly reset the property lines and officially update land titles to reflect these new boundaries.
land boundary disputes earth movement slides
Section § 751.51
This section explains who can start a legal action related to land affected by a disaster. A county can initiate this action with or without the involvement of cities. A city can also take action if the disaster affects land within its borders. Anyone else with an interest in the affected land may do so with the court's permission, but the relevant county must be involved. The section also requires that anyone possessing, owning, or having some legal interest in the affected land, as well as the relevant city, county, and the state, must be named in the legal action and must receive proper notice. Unknown parties can be collectively referred to in the action.
(a)CA Civil Procedure Code § 751.51(a) An action authorized by this chapter may be commenced by:
(1)CA Civil Procedure Code § 751.51(a)(1) A county in which lands were affected by a disaster described in Section 751.50 with or without the joinder of a city or cities included in the county and within the area so affected.
(2)CA Civil Procedure Code § 751.51(a)(2) A city, if the disaster has affected land in the city.
(3)CA Civil Procedure Code § 751.51(a)(3) Any other entity or person owning or having an interest in or lien upon land affected by the disaster if granted permission by the court to bring the
action, and if the county in which the land is located is made a party to the action.
(b)CA Civil Procedure Code § 751.51(b) In an action authorized by this chapter every entity in actual and peaceable possession of, or having an estate or interest in or lien upon any of the land affected by the action, whose possession or evidence of estate or interest is either recorded or known to the plaintiffs, the city, if the land is within a city, the county in which the land is located, and the State of California must be designated in the complaint of the action, and given notice in the manner required by this chapter.
(c)CA Civil Procedure Code § 751.51(c) All unknown entities, including owners, lien or interest claimants, heirs, devisees, legatees or assigns, may be described in the caption and complaint as “all entities claiming any interest in or lien upon, the real property herein described or any part of it.”
disaster-affected land county action city action
Section § 751.52
This law allows certain entities, referred to as permissive plaintiffs, to file separate lawsuits to address different parts of a disaster area. The idea is to reset the boundaries in a fair way that doesn't negatively affect the rest of the disaster zone. However, these actions and the decision on which areas to tackle must get court approval.
An entity which is a permissive plaintiff under this chapter, may bring a separate action with respect to separate portions of the disaster area of sufficient size to equitably reestablish boundaries without harm to other areas of the common disaster, its decision regarding the desirability of the separate action, and regarding the area to be dealt with in each action to be approved by the court.
permissive plaintiff separate action disaster area
Section § 751.53
This section outlines what must be included in a legal complaint involving real property claims after a disaster. The complaint should state why the law applies, describe the property's boundaries, and specify ownership interests known to the plaintiff. It should also indicate street areas affected by the disaster, propose how the property can be re-platted, and suggest how land can be equitably distributed among landowners impacted by the disaster.
The complaint shall substantially include:
(a)CA Civil Procedure Code § 751.53(a) A statement of the facts which make the provisions of this chapter applicable.
(b)CA Civil Procedure Code § 751.53(b) A description of the exterior boundaries of the real property area sought to be affected by the action.
(c)CA Civil Procedure Code § 751.53(c) A specification of the estate, title, interest or claim owned, and in the actual possession of the plaintiff or plaintiffs in described parts of the entire real property sought to be affected by the action.
(d)CA Civil Procedure Code § 751.53(d) A specification of the estate, title, interest, or claim, so far as they are known to the plaintiffs or either of them, and so far as they are capable of being discovered by reasonably diligent search by the plaintiff or plaintiffs, in each separate part of the entire real property sought to be affected by the action.
(e)CA Civil Procedure Code § 751.53(e) A specification of the street areas sought to be vacated or offered by the plaintiff, or plaintiffs, to be vacated in whole or in part for judicial equitable allocation to landowners for the mitigation of the losses inflicted upon the landowners by the particular disaster or disasters to which this chapter is applicable.
(f)CA Civil Procedure Code § 751.53(f) A proposed replatting of the entire real property sought to be affected by the action, embodying the land boundaries as fixed by the disaster, except as these boundaries have
been equitably and judicially readjusted, or as liberalized by judicially directed use of the vacated lands.
real property boundaries disaster-affected property estate specification
Section § 751.54
This section states that the rules about serving a summons, publishing notices, and posting related information follow specific guidelines outlined in another part of the legal code, from Sections 751.05 to 751.10.
Summons, publication of notice, posting and related matters and procedures shall be governed by the provisions of Sections 751.05 through 751.10, inclusive, of the Code of Civil Procedure.
summons publication of notice posting procedures
Section § 751.55
Once all the formal steps like service, publication, and posting of the summons are done, the court gains full authority over everyone involved in the case and the property in question. It can make any decisions needed to resolve the matter, including dealing with any claims or interests related to the property.
Upon the completion of the service, publication and posting of the summons, as may be required by this chapter, the court has complete jurisdiction over the parties plaintiff or plaintiffs and the entire real property described in the complaint as intended to be affected by the action, and over every entity having or claiming an estate, right, title or interest in or to, or lien upon, all or any part of the property, and shall be considered to have obtained the possession and control of the property for the purposes of the action with complete jurisdiction to render the judgment provided for in this chapter.
court jurisdiction summons real property
Section § 751.56
If you're responding to a legal complaint regarding property, you have 90 days from the first time the notice is published to submit your answer, though a judge might allow an extra 30 days if there's a good reason. Your response needs to clearly detail how your claim to the property differs from what's mentioned in the complaint, focusing only on changes or events that occurred due to a disaster. Any rights you had before the disaster are still valid and can be claimed later, but the judgment will finalize property boundaries affected by the disaster.
(a)CA Civil Procedure Code § 751.56(a) An answer to the complaint must be served within 90 days after the first publication of the notice, or such further time not exceeding 30 days, as the court for good cause may grant.
(b)CA Civil Procedure Code § 751.56(b) An answer must:
(1)CA Civil Procedure Code § 751.56(b)(1) Specifically set out the particulars in which the claimant’s estate, right, title, or interest in or to, or lien upon all or any part of the property is different from, or greater than, the interest of the claimant as it is described in the complaint.
(2)CA Civil Procedure Code § 751.56(b)(2) Be confined to rights based on events occurring at the time of, or since the time of the disaster.
(c)CA Civil Procedure Code § 751.56(c) To whatever extent, if at all, the answering party has rights against anyone whatsoever, based upon facts or events which occurred before the disaster, the claims shall remain unaffected by the action brought under this chapter and shall be assertable subsequent to the conclusion of the action at any time and in any manner permitted by law, notwithstanding the judgment granted in this action, recognizing however the finality of this judgment as to the consequences, with respect to land boundaries as applicable to land in the disaster area.
property claim response 90-day answer deadline disaster-related property rights
Section § 751.57
If someone is involved in a legal case under this chapter, they can file a public notice that lets others know the case is still open and undecided. This notice must follow specific procedures and have certain legal impacts as defined by law.
A party to an action authorized by this chapter may file a notice of the pendency of the action in the form and at the place and with the effects specified by law.
notice of pendency legal case open case notice
Section § 751.58
This law allows a government agency to voluntarily give up control of streets or public areas within a disaster zone to make it easier for a court to help people affected by changes in land boundaries. The agency must express its willingness, and then the court can accept this action without needing to go through additional legal steps.
The vacating of streets, highways or other public ways within or abutting the area affected by the disaster, in whole or in part, by the voluntary action of the governmental agency under whose jurisdiction the streets, highways, or ways are vested, for the purpose of making it possible for the court to mitigate the hardships suffered by entities because of the change in land boundaries caused by the disaster can be accomplished by the affected governmental agency expressing the offer in the proceedings followed by the court’s acceptance thereof in an action authorized by this chapter, without complying with any other formalities of law.
vacating public ways governmental agency action disaster-affected areas
Section § 751.59
This law specifies that in certain court cases, a decision can't be made just because one party doesn't respond or show up. Instead, the court has to have evidence of the claims made in the complaint and other documents before making a judgment.
In an action of the type authorized by this chapter, judgment shall not be given by default, but the court must require proof of the facts alleged in the complaint and other pleadings.
default judgment proof of facts court pleadings
Section § 751.60
This law section explains what a judgment must include after a disaster affects property boundaries. It should establish the exact boundaries of each land parcel based on changes from the disaster. It also needs to identify who legally owns or has interest in each parcel, including future or potential claims. Finally, it mandates the creation and filing of a new official map to replace any old maps that are no longer accurate due to the disaster's impact.
The judgment shall:
(a)CA Civil Procedure Code § 751.60(a) Determine the land boundaries of each parcel of land located within the entire area of real property sought to be affected by the action, whether owned publicly or privately, as fixed by the disaster, except as these boundaries have been judicially and equitably readjusted and as liberalized by judicial equitable allocation of lands voluntarily vacated by a city, county or the state under this act.
(b)CA Civil Procedure Code § 751.60(b) Determine the entity or entities having estates, rights, titles, interests and claims in and to each parcel, whether
legal or equitable, present or future, vested or contingent, or whether they consist of mortgages or liens of any description.
(c)CA Civil Procedure Code § 751.60(c) Approve and direct the proper filing of an official map covering the entire area of real property sought to be affected by the action, as a substitute for the plat maps previously filed, but rendered inaccurate by the disaster.
land boundaries parcel ownership boundary determination
Section § 751.61
This law section says that when a court is deciding on land boundary issues after a disaster, it should take into account any boundary changes caused by the disaster. If possible, the court should adjust the boundaries in a fair way. Also, if a city, county, or the state has given up land that used to be public roads (called 'vacating'), this land can be reallocated to neighboring properties. This reallocation of land must be approved as part of the court's decision.
In reaching the conclusions called for by Section 751.60, the court shall give effect to the changes in land boundaries caused by the disaster, mitigated, however, so far as can equitably be done by adjustment of land boundaries and by allocating to contiguous lots parts of the land released by a city, county or the state by its voluntary vacation of areas formerly constituting public ways, which vacatings of streets shall be approved by the judgment.
land boundaries disaster boundary changes
Section § 751.62
This law states that if a court makes a decision about where the boundaries of a piece of land are, that decision is final and binding. It applies to anyone who had or claimed any legal rights to the land when the case started, as well as anyone who gains such rights after the case begins.
The judgment shall be conclusive with respect to land boundaries upon every entity who at the commencement of the action had or claimed an estate, right, title or interest in or to or lien upon a part of the entire area of real property described in the complaint as intended to be affected by the action, and upon every entity claiming under any such person by title subsequent to the commencement of the action.
land boundaries real property conclusive judgment
Section § 751.63
If you're a plaintiff who wins a case related to land, you must pay to record the court's judgment at the county recorder's office where the land is. This recording acts as a public notice of the court's decisions and any related official maps or drawings, which will override any previous, conflicting documents or maps.
A certified copy of the judgment shall be recorded, at the expense of the plaintiff or plaintiffs in the action, in the office of the recorder of the county in which the affected land is situated and shall constitute constructive notice of the findings therein and of the official plat or plats referred to therein, which findings and plats shall supersede and control all prior plats, maps and documents to the extent inconsistent therewith.
plaintiff expenses county recorder constructive notice
Section § 751.64
This law states that the remedies outlined in this chapter are additional options for resolving disputes over property title or boundaries, meaning you can use these remedies alongside any other legal options available for property issues.
The remedies provided for by this chapter are cumulative and in addition to any other remedy provided by law for quieting or establishing title to real property or the boundaries of it.
cumulative remedies property title boundary disputes
