(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) Where it has been protected by a substantial enclosure.
(2) Where it has been usually cultivated or improved.
(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.
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Imagine that Brian and Suzy live next to one another in a suburb outside of Pasadena. Without a wall between their properties, Brian begins to put lawn furniture on what is technically Suzy's land. Eventually, Brian builds an entire patio there. Suzy never says anything. The years pass—five years, in fact. Brian pays property taxes to cover that piece of land. Under California's adverse possession framework, Brian could potentially be successful in establishing an ownership claim to that portion of Suzy's property. Note that he won't be able to take over all of Suzy's lawn—only the portion upon which he constructed the patio and which he actively used for those years. California courts would be reluctant to suddenly eject Brian and his patio after so much time has passed.
