Of the Time of Commencing Civil ActionsThe Time of Commencing Actions for the Recovery of Real Property
Section § 315
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.
Section § 316
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.
Section § 317
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 § 318
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.
Section § 319
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.
Section § 320
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.
Section § 321
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.
Section § 322
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.
Section § 323
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.
Section § 324
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.
Section § 325
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.
Section § 326
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.
Section § 327
Section § 328
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.
Section § 328.5
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.
Section § 329
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.
Section § 329.5
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.
Section § 330
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.