Ownership and Land Use, 15% of the examination
Adverse possession
Acquiring title through actual, open, notorious, hostile, continuous possession under claim of right for five years while paying the required property taxes.
California adverse possession requires possession that is actual, open and notorious, hostile to the true owner's title, continuous for five years, and held under claim of right or color of title, together with timely payment of the property taxes levied and assessed during that period. The possession must be exclusive in the sense required for a claim of ownership. A prescriptive easement generally requires five years of adverse use but not payment of property taxes, and it produces a use right rather than title.
See also
Test the distinction
A relevant question from Ownership and Land Use, selected because its facts or explanation use this concept.
How long must adverse use continue in California to establish a prescriptive easement?
Written to DRE's published topic list. Not a real examination question, since reproducing those is a misdemeanor under B&P Code section 123.
Primary sources
Use these authorities when a course summary, forum answer, or older flashcard conflicts with the current California rule.