Section § 871.1

Explanation

This law explains that a 'good faith improver' is someone who makes improvements to land, genuinely believing they own it, even though they don't due to a legal or factual mistake. It also includes anyone who inherits, buys, or otherwise takes over the interest of such a person.

as used in this chapter, “good faith improver” means:
(a)CA Civil Procedure Code § 871.1(a) A person who makes an improvement to land in good faith and under the erroneous belief, because of a mistake of law or fact, that he is the owner of the land.
(b)CA Civil Procedure Code § 871.1(b) A successor in interest of a person described in subdivision (a).

Section § 871.2

Explanation

This section clarifies that when the law mentions 'person' in this context, it also means an unincorporated association, which is a group of people acting together that isn't formalized as a corporation.

As used in this chapter, “person” includes an unincorporated association.

Section § 871.3

Explanation

This law explains how certain types of legal actions should be categorized. If someone starts a case to seek relief under this chapter, it will be treated as a 'big' case, called an unlimited civil case, no matter how much money is involved or if the other side just wants to defend themselves by asking for relief under the same chapter. But, if it's another kind of case where the defendant is just defending themselves and the money amounts and other rules fit a certain level, it will be treated as a 'small' case, called a limited civil case. Additionally, someone known as a good faith improver—who made changes thinking they were allowed—must prove they deserve relief. The court considers how careful or negligent the improver was and decides what's fair for everyone involved.

(a)CA Civil Procedure Code § 871.3(a) An action for relief under this chapter shall be treated as an unlimited civil case, regardless of the amount in controversy and regardless of whether a defendant cross-complains for relief under this chapter. Any other case in which a defendant cross-complains for relief under this chapter shall be treated as a limited civil case if the cross-complaint is defensive and the case otherwise satisfies the amount in controversy and other requirements of Section 85.
(b)CA Civil Procedure Code § 871.3(b) In every case, the burden is on the good faith improver to establish that the good faith improver is entitled to relief under this chapter, and the degree of negligence of the good faith improver should be taken into account by the court in determining whether the improver acted in good faith and in determining the relief, if any, that is consistent with substantial justice to the parties under the circumstances of the particular case.

Section § 871.4

Explanation

This law means that a court won't allow someone who made improvements in good faith to claim rights like setoff or the ability to remove those improvements if doing so would be fair to everyone involved. The court will also consider what the landowner plans to do with the land or how they need it for other projects when deciding what's fair.

The court shall not grant relief under this chapter if the court determines that exercise of the good faith improver’s right of setoff under Section 741 of the Code of Civil Procedure or right to remove the improvement under Section 1013.5 of the Civil Code would result in substantial justice to the parties under the circumstances of the particular case. In determining whether removal of the improvement would result in substantial justice to the parties under the circumstances of the particular case, the court shall take into consideration any plans the owner of the land may have for the use or development of the land upon which the improvement was made and his need for the land upon which the improvement was made in connection with the use or development of other property owned by him.

Section § 871.5

Explanation

This law says that if someone makes improvements to someone else's land in good faith, meaning they thought they had the right to do so, the court can adjust the rights and interests of everyone involved, like the landowner and any tenants or lenders. The court's decision should be fair and protect the landowner from financial loss while also preventing the landowner from benefiting unfairly at the improver's expense. The court should consider the landowner's expenses related to the court case, like legal fees, and any plans the landowner has for using or developing the land.

When an action or cross-complaint is brought pursuant to Section 871.3, the court may, subject to Section 871.4, effect such an adjustment of the rights, equities, and interests of the good faith improver, the owner of the land, and other interested parties (including, but not limited to, lessees, lienholders, and encumbrancers) as is consistent with substantial justice to the parties under the circumstances of the particular case. The relief granted shall protect the owner of the land upon which the improvement was constructed against any pecuniary loss but shall avoid, insofar as possible, enriching him unjustly at the expense of the good faith improver. In protecting the owner of the land against pecuniary loss, the court shall take into consideration the expenses the owner of the land has incurred in the action in which relief under this chapter is sought, including but not limited to reasonable attorney fees. In determining the appropriate form of relief under this section, the court shall take into consideration any plans the owner of the land may have for the use or development of the land upon which the improvement was made and his need for the land upon which the improvement was made in connection with the use or development of other property owned by him.

Section § 871.6

Explanation

If someone builds an improvement on their own property that extends onto neighboring land, this law doesn't change how it's decided what, if any, compensation or remedy should be given.

Nothing in this chapter affects the rules of law which determine the relief, if any, to be granted when a person constructs on his own land an improvement which encroaches on adjoining land.

Section § 871.7

Explanation

This California law section states that certain chapters don't apply to improvements made by or on land owned by public entities such as the federal government, states, counties, cities, or other public organizations. Additionally, if the landowner has used their property for a public purpose and could have taken the land under eminent domain, these chapters also don't apply.

(a)CA Civil Procedure Code § 871.7(a) This chapter does not apply where the improver is a public entity or where the improvement is made to land owned or possessed by a public entity. As used in this section, “public entity” includes the United States, a state, county, city and county, city, district, public authority, public agency, or any other political subdivision or public corporation.
(b)CA Civil Procedure Code § 871.7(b) This chapter does not apply where the owner of the land upon which the improvement is constructed has appropriated the land to a public use and could have acquired the land for that use by exercising the power of eminent domain.