Section § 315

Explanation

This law says that the state of California cannot sue someone over ownership or profits from a piece of real estate unless they've either had the legal right to it for less than ten years or have received rents and profits from it in the last ten years.

The people of this State will not sue any person for or in respect to any real property, or the issues or profits thereof, by reason of the right or title of the people to the same, unless:
1. Such right or title shall have accrued within ten years before any action or other proceeding for the same is commenced; or,
2. The people, or those from whom they claim, shall have received the rents and profits of such real property, or of some part thereof, within the space of ten years.

Section § 316

Explanation

This law states that if you want to bring a lawsuit about land you claim through a state patent or grant, you can only do it if the state could have started the lawsuit before issuing the patent or grant.

No action can be brought for or in respect to real property by any person claiming under letters patent or grants from this State, unless the same might have been commenced by the people as herein specified, in case such patent had not been issued or grant made.

Section § 317

Explanation

This section explains that if a court rules that a grant or deed for land given by the state is invalid, the state or anyone who later got that property can try to get it back. However, they have to file a lawsuit to recover the property within five years of the court's decision, or they lose the right to do so.

Section Three Hundred and Seventeen. When letters patent or grants of real property issued or made by the people of this State, are declared void by the determination of a competent Court, an action for the recovery of the property so conveyed may be brought, either by the people of the State, or by any subsequent patentee or grantee of the property, his heirs or assigns, within five years after such determination, but not after that period.

Section § 318

Explanation

If you want to sue someone to get back property or possession of it, you must prove that you, or someone you got the property from, had control or ownership of it sometime in the last five years before you started the lawsuit.

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.

Section § 319

Explanation

If you want to bring a lawsuit or defend a lawsuit involving the ownership of real estate or income from it, you must show that you or someone connected to you owned or had control over the property within the last five years before the lawsuit started. This requirement applies whether you are making or defending the claim.

No cause of action, or defense to an action, arising out of the title to real property, or to rents or profits out of the same, can be effectual, unless it appear that the person prosecuting the action, or making the defense, or under whose title the action is prosecuted, or the defense is made, or the ancestor, predecessor, or grantor of such person was seized or possessed of the premises in question within five years before the commencement of the Act in respect to which such action is prosecuted or defense made.

Section § 320

Explanation

If you enter someone's property and want to claim it as your own, you have one year to start a legal action after entering and no more than five years from when you first had the right to do so.

No entry upon real estate is deemed sufficient or valid as a claim, unless an action be commenced thereupon within one year after making such entry, and within five years from the time when the right to make it descended or accrued.

Section § 321

Explanation

If someone wants to get back their real estate or property, and they have legal ownership proof, it's assumed they have been occupying it like they should be. If someone else is living there, it's usually considered as being with the owner's permission, unless this other person has been living there for five years without permission before the legal case started.

In every action for the recovery of real property, or the possession thereof, the person establishing a legal title to the property is presumed to have been possessed thereof within the time required by law, and the occupation of the property by any other person is deemed to have been under and in subordination to the legal title, unless it appear that the property has been held and possessed adversely to such legal title, for five years before the commencement of the action.

Section § 322

Explanation

This law states that if someone has been occupying a property for five years under a claim of ownership based on a written document, court decree, or judgment, they are generally considered to have adverse possession of that property. Adverse possession means they can legally claim ownership. However, if the property is part of a larger area divided into lots, occupying one lot doesn't imply ownership of other lots in the tract.

When it appears that the occupant, or those under whom he claims, entered into the possession of the property under claim of title, exclusive of other right, founding such claim upon a written instrument, as being a conveyance of the property in question, or upon the decree or judgment of a competent Court, and that there has been a continued occupation and possession of the property included in such instrument, decree, or judgment, or of some part of the property, under such claim, for five years, the property so included is deemed to have been held adversely, except that when it consists of a tract divided into lots, the possession of one lot is not deemed a possession of any other lot of the same tract.

Section § 323

Explanation

This law explains when land is considered to be possessed and occupied by someone claiming ownership through a written document, court ruling, or decree under adverse possession rules. Land is considered occupied if it's regularly farmed or improved, if it has a solid fence around it, if it is used for getting firewood, building timber, farming, or grazing, or if part of a known farm or lot is improved while the rest remains as per local customs.

For the purpose of constituting an adverse possession by any person claiming a title founded upon a written instrument, or a judgment or decree, land is deemed to have been possessed and occupied in the following cases:
1. Where it has been usually cultivated or improved;
2. Where it has been protected by a substantial inclosure;
3. Where, although not inclosed, it has been used for the supply of fuel, or of fencing timber for the purposes of husbandry, or for pasturage, or for the ordinary use of the occupant;
4. Where a known farm or single lot has been partly improved, the portion of such farm or lot that may have been left not cleared, or not inclosed according to the usual course and custom of the adjoining country, shall be deemed to have been occupied for the same length of time as the part improved and cultivated.

Section § 324

Explanation

This law says if someone has been living on a piece of land continuously and claiming it as their own, without any documents or court decisions supporting their claim, they can still be considered to have possession of that land. But this only applies to the part of the land they've actually occupied.

Where it appears that there has been an actual continued occupation of land, under a claim of title, exclusive of any other right, but not founded upon a written instrument, judgment, or decree, the land so actually occupied, and no other, is deemed to have been held adversely.

Section § 325

Explanation

This law explains that for someone to claim ownership of land through adverse possession (a legal way to become the owner by using land without the previous owner's permission), they must do one of two things: keep the land enclosed with a fence or improve or farm it regularly. Also, the person must continuously occupy the land and pay all the necessary taxes on it every year for five years straight. Proof of tax payments must be shown through official records from the county tax office.

(a)CA Civil Procedure Code § 325(a) 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)CA Civil Procedure Code § 325(a)(1) Where it has been protected by a substantial enclosure.
(2)CA Civil Procedure Code § 325(a)(2) Where it has been usually cultivated or improved.
(b)CA Civil Procedure Code § 325(b) 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.

Section § 326

Explanation

If someone has rented property from a landlord, the landlord is assumed to have ownership of that property for five years after the rental agreement ends, even if there's no written lease. This holds true unless the tenant has paid rent within the last five years and claims a different ownership. After five years, this assumption no longer applies.

When the relation of landlord and tenant has existed between any persons, the possession of the tenant is deemed the possession of the landlord until the expiration of five years from the termination of the tenancy, or, where there has been no written lease, until the expiration of five years from the time of the last payment of rent, notwithstanding that such tenant may have acquired another title, or may have claimed to hold adversely to his landlord. But such presumptions cannot be made after the periods herein limited.

Section § 327

Explanation
This law is saying that if someone who owns or was in control of a piece of real estate dies, their death doesn’t change or hurt the rights of whoever is supposed to inherit the property.
The right of a person to the possession of real property is not impaired or affected by a descent cast in consequence of the death of a person in possession of such property.

Section § 328

Explanation

This law explains that if someone who is supposed to start a legal action to recover property or assert a property title is underage or unable to legally make decisions when their right first becomes available, the usual time limit doesn't count until they overcome these challenges. They then get up to five years after the disability ends or their death to start the action, but no longer than 20 years total from when the right first became available.

If a person entitled to commence an action for the recovery of real property, or for the recovery of the possession thereof, or to make an entry or defense founded on the title to real property, or to rents or services out of the property, is, at the time title first descends or accrues, either under the age of majority or lacking legal capacity to make decisions, the time, not exceeding 20 years, during which the disability continues is not deemed a portion of the time in this chapter limited for the commencement of the action, or the making of the entry or defense, but the action may be commenced, or entry or defense made, within the period of five years after the disability shall cease, or after the death of the person entitled, who shall die under the disability. The action shall not be commenced, or entry or defense made, after that period.

Section § 328.5

Explanation

If someone has the right to start a legal action to reclaim real estate or its income, but they're in prison for less than a life sentence at the time that right begins, they have extra time to start the legal action. While they're in prison, up to two years won't count against the time limit they have to start the lawsuit or make a defense. They get up to five years after being released to take action. However, they can't start a claim or defense after those five years.

If a person entitled to commence an action for the recovery of real property, or for the recovery of the possession thereof, or to make any entry or defense founded on the title to real property, or to rents or services out of the property, is, at the time the title first descends or accrues, imprisoned on a criminal charge, or in execution upon conviction of a criminal offense, for a term less than life, the time, not exceeding two years, during which imprisonment continues is not deemed any portion of the time in this chapter limited for the commencement of the action, or the making of the entry or defense, but the action may be commenced, or entry or defense made, within the period of five years after the imprisonment ceases, or after the death of the person entitled, who dies while imprisoned; but the action shall not be commenced, or entry or defense made, after that period.

Section § 329

Explanation

This law explains that if you want to take action to foreclose on a lien due to unpaid street improvement assessments against a property, you have two years to do so from the due date of the assessment, bond, or the last installment. If it's about existing rights of action, you have one year from when this law took effect. Once this time has passed and no action has been taken, it's assumed the debt is paid, and the lien no longer exists. The official who keeps records will mark the assessment as paid if there's no written notice of ongoing legal action after the deadline.

The time within which an action for the foreclosure of a lien securing an assessment against real property for street improvements, the proceedings for which are prescribed by legislation of any political unit other than the state, may be commenced, shall be two years from and after the date on which the assessment, or any bond secured thereby, or the last installment of the assessment or bond, shall be due, or, as to existing rights of action not heretofore barred, one year after the effective date hereof, whichever time is later. After that time, if the lien has not been otherwise removed, the lien ceases to exist and the assessment is conclusively presumed to be paid. The official having charge of the records of the assessment shall mark it “Conclusively presumed paid,” if, at the expiration of the time within which such action might be brought he has received no written notice of the pendency of the action.

Section § 329.5

Explanation

If you're challenging an assessment or extra charge on a property for public improvements in a city with its own local rules, you have to start your legal action within 30 days of the charge being made—or the timeframe set by the city. If you want to appeal a decision, you must do so within 30 days of the final judgment.

The validity of an assessment or supplemental assessment against real property for public improvements, the proceedings for which are prescribed by the legislative body of any chartered city, shall not be contested in any action or proceeding unless the action or proceeding is commenced within 30 days after the assessment is levied, or such longer period as the legislative body may provide. Any appeal from a final judgment in such an action or proceeding shall be perfected within 30 days after the entry of judgment.

Section § 330

Explanation

This law gives public officials like treasurers the ability to sell land at a public auction if there's a lien on it due to unpaid public improvement bonds. They can do this anytime before four years after the bond is due, or before January 1, 1947, whichever comes later. However, it doesn't give back any powers that have already expired due to time passing.

In all cases in which there is now vested or there shall hereafter be vested in a treasurer, street superintendent, or other public official the power to sell at public auction, after demand upon him by the holder of any public improvement bond, any lot or parcel of land upon which exists or which shall hereafter exist a lien to secure the payment of a public improvement assessment represented by said bond, and the act or law establishing such power fails to prescribe the time within which such official may act, said official may sell at any time prior to the expiration of four years after the due date of said bond or of the last installment thereof or of the last principal coupon attached thereto, or prior to January 1, 1947, whichever is later, but not thereafter. This section is not intended to extend, enlarge or revive any power of sale which has heretofore been lost by reason of lapse of time or otherwise.