Must I pay property taxes to claim adverse possession?

What the Law Says

California law sets strict requirements for adverse possession, including duration, nature, and character of possession. Paying property taxes is not a statutory prerequisite—but it supports the claimant’s assertion of ownership.

To acquire title by adverse possession in California, a person must possess the land openly, notoriously, exclusively, continuously, and under a claim of right for at least five years.

The claimant must also pay all assessed property taxes on the land for the entire five-year period — but only if the land has been 'assessed for taxation' during that time. If no taxes were assessed (e.g., unincorporated land not yet on the tax rolls), payment is not required.

Courts interpret 'under claim of right' to mean the possessor acts as if they own the land — not merely as a tenant or licensee — and this behavior may include paying taxes, maintaining fences, or making improvements.

Statutory Text

No person shall recover any land unless he or she has been in actual and open possession thereof for five years previous to the commencement of the action, and unless he or she has paid all taxes legally assessed thereon during such period.

— Code of Civil Procedure, s. 325 — Adverse possession; conditions

Statutory Text

For the purpose of constituting an adverse possession, it is not necessary that the land should have been assessed for taxation, nor that taxes should have been paid thereon, if the land has not been assessed.

— Code of Civil Procedure, s. 325 — Adverse possession; conditions

Sources