Actions in Particular CasesGood Faith Improver of Property Owned by Another
Section § 871.1
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.
Section § 871.2
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.
Section § 871.3
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.
Section § 871.4
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.
Section § 871.5
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.
Section § 871.6
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.
Section § 871.7
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.