California CodesCode of Civil Procedure - CCPPart 2 — Of Civil ActionsTitle 2 — Of the Time of Commencing Civil ActionsChapter 2 — The Time of Commencing Actions for the Recovery of Real PropertySection 321

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.

Notes

Establishes in a real-property recovery or possession action a presumption that the person proving legal title had possession within the legally required time and that another occupant held subordinate to that title. The presumption is displaced if the property was held and possessed adversely to the legal title for five years before the action began.

Use as reference

Lexinter.net | California Code, Code of Civil Procedure - CCP § 321 | https://laws.lexinter.net/codes/california/code-of-civil-procedure/part-2/title-2/chapter-2/section-321

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