California adverse possession requires five years of continuous, open, hostile possession AND payment of all property taxes during that period under Code of Civil Procedure § 325. A squatter or trespasser who has not paid taxes gains no ownership and can be removed by unlawful detainer, ejectment, or a police trespass action.
Under Code of Civil Procedure §§ 318 and 325, title by adverse possession requires possession for "the period of five years continuously" that is actual, open and notorious, hostile, and exclusive, with the land protected by substantial enclosure or usually cultivated or improved. Critically, § 325 requires the claimant "have timely paid all state, county, or municipal taxes that have been levied and assessed upon the land for the period of five years," proven by certified tax-collector records. A trespasser has no permission and no possessory claim; a squatter occupies without right but may claim tenancy-like status if allowed to remain. Without five years of possession plus tax payment, no ownership passes; removal is by unlawful detainer or ejectment.
A squatter who cannot prove five years of continuous possession plus full tax payment acquires no title and can be ejected. Filing a fraudulent deed is a crime, and unlawful occupation may be prosecuted as trespass.
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Santa Clara County, CA
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