California Codes, Code of Civil Procedure - CCP, Part 2 — Of Civil Actions, Title 10 — Actions in Particular Cases, Chapter 10 — Good Faith Improver of Property Owned by Another, Section 871.4

The court shall not grant relief under this chapter if the court determines that exercise of the good faith improver’s right of setoff under Section 741 of the Code of Civil Procedure or right to remove the improvement under Section 1013.5 of the Civil Code would result in substantial justice to the parties under the circumstances of the particular case. In determining whether removal of the improvement would result in substantial justice to the parties under the circumstances of the particular case, the court shall take into consideration any plans the owner of the land may have for the use or development of the land upon which the improvement was made and his need for the land upon which the improvement was made in connection with the use or development of other property owned by him.

Notes

Bars relief under this chapter if the court determines that the good faith improver’s statutory setoff right or right to remove the improvement would produce substantial justice under the circumstances. When evaluating removal, the court must consider the landowner’s plans for the improved land and the owner’s need for it in using or developing other owned property.

Use as reference

Lexinter.net | California Code, Code of Civil Procedure - CCP § 871.4 | https://laws.lexinter.net/codes/california/code-of-civil-procedure/part-2/title-10/chapter-10/section-871-4

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