2d 590, 596; Lucas v. Provines, 130 Cal. The trial court found that the land occupied by respondent, the west half of Lot 7, is improved land, whereas the east half of Lot 7 described in respondent's deed is unimproved, and that through a general mistake, the improved lot occupied by respondent "has been generally known and described in and about the City of Benecia" as the east half of Lot 7, an unimproved part of the property occupied by Nettie Connolly. In order to allege and prove a claim of adverse possession (claim of right), Plaintiff must establish: (Estate of Williams (1977) 73 Cal.App.3d 141, 146. Plaintiffs seek to quiet title to the Property in their favor as of October 16, 2015where Rudy PERSONALLY REDEEMED the Property by paying $21,000.00 toward the property taxesthat w For full print and download access, please subscribe at https://www.trellis.law/. At a tax sale in September, 1940, appellant purchased land described as the east half of Lot 8. Appellant relies on Breen v. Donnelly, 74 Cal. Aug. 24, 1948. It was held that the landowners paid taxes on the basis of the homes and lots occupied and that assessment roll descriptions were erroneous. 3. California. Although the court assumed that privity might not be established by other means, any language in the opinion supporting such a rule was unnecessary to the decision in that case and is disapproved. HEARING: 04/18/18 Bird, C. J., Tobriner, J., Mosk, J., Richardson, J., Newman, J., and Kaus, J., concurred. Unlike a claim of ROSEMARY THOMPSON. Judgment was entered for respondent quieting his title to the land occupied by him, namely, the west half of Lot 7, subject to the deed of trust in favor of E. E. Rose and Bessie C. Rose; the judgment also determined that Nettie Connolly owns the land occupied by her, namely, the east half of Lot 7. HEARING ON MOTION FOR SUMMARY JUDGMENT FILED BY DAVID MAHONEY, [5b] Under the stipulated facts, we must uphold the trial court's finding that defendants and their predecessors did not pay taxes on the disputed land. News. C.C.P. That statement is not applicable to the present case, for the trial court found on the basis of substantial evidence that respondent and his predecessors did claim the land as their own and held it 'adversely to all the world.' In this case, I focused heavily on the required twenty years of continuous, uninterrupted . In the Von Neindorff case, supra, 21 Cal. 119, 123 [13 P.2d 697], that 'where the occupation of land is by a mere mistake, and with no intention on the part of the occupant to claim as his own, land which does not belong to him, but with the intention to claim only to the true line wherever it may be, the holding is not adverse.' In California, adverse possession is a method of gaining legal title to real property by the actual, open, hostile and continuous possession of it and payment of taxes on it for 5 years. ), Woodward v. Faris, supra, 109 Cal. As the courts have explained: Under California law, to establish adverse possession, a claimant must allege and prove: " (1) possession under claim of right or color of title; (2) actual, open, and notorious occupation of the premises constituting reasonable notice to the true owner; (3) possession which is adverse and hostile to the true owner; If adverse possession is specially pleaded, the elements constituting such adverse possession must be alleged. ", The relationship between the mistake rule and the exception was addressed in Sorensen v. Costa (1948) 32 Cal. However, because no taxes were separately assessed, the lack of tax payment would not bar claim of prescriptive easement. App. His next-door neighbor, respondent, has a deed describing the east half of Lot 7, but he has been occupying a house on land described in appellant's deed, the west half of Lot 7. . Id. This is an adverse possession action arising out of real property located in Los Angeles (Property). A survey stake purporting to establish the boundary between the two lots had been erroneously placed on plaintiffs' property without fault of either plaintiffs or defendants or their predecessors, and in making the above improvements and using them, defendants' and their [30 Cal. [6] The burden is on the adverse claimant of the fee to establish that no taxes were assessed against the land or that if assessed he paid them. At trial, Hagman admitted he paid no taxes on the disputed land. You can also download it, export it or print it out. Ct. (1999) 76 Cal.App.4th 970, 978 citing Blain v. Doctor's Co. (1990) 222 Cal. Rptr. Since respondent's claim of title by adverse possession cannot be based on a written instrument, it must be supported, if at all, under Code of Civil Procedure sections 324 and 325, which do not require a written instrument. II. For example: The adverse possession period in State X is 20 years. 247, 251; cases collected 2 C.J.S. Your recipients will receive an email with this envelope shortly and vii. Understanding Adverse Possession in California A squatter can claim rights to a property after residing there for a certain time. ), A Color of Title adverse possession is when a conveyance reasonably relied upon by the purchaser to maintain exclusive and uninterrupted possession for at least 5 years is held to create title rights, even if that conveyance later proves to be defective. 24325. 2d 44, 48, the court stated that a person claiming title to land by adverse possession "cannot tack to the time of his possession that of a previous holder where the land claimed adversely was not included within the boundaries of the conveyance he received from such previous holder." 2d 885, 889 [145 P.2d 659]; McLeod v. Reyes, 4 Cal. He was not injured by the mistake in the description, for at the time he did not know that he had any claim to the land in question and paid taxes on the property he was occupying assessed under a similar mistake in description. In none of these cases, however, does it appear that the claimant showed that the descriptions on the tax receipts were erroneous and that he actually paid the taxes assessed on the land in controversy. (Ballantine, supra, 32 Harv.L.Rev. Ordinarily, when adjoining lots are assessed by lot number, the claimant to the disputed portion cannot establish adverse possession because he cannot establish payment of taxes. In order to tack one person's possession to that of another, some form of privity between successive claimants for the five-year period is necessary. Each landowner [30 Cal. (See Code Civ. The other parties to the superior court proceedings are not parties to the appeal. Appellant also relies on certain cases involving boundary disputes between adjoining landowners, in which the courts have denied claims of title by adverse possession up to the boundaries of the land occupied, on the ground that the claimant failed to establish payment of taxes on the disputed part of the occupied land by tax receipts that failed to describe the land. 605, 608 [22 P. Successful adverse possession cases UK Adverse possession is a long-established legal principle enabling somebody without legal title to a piece of land - often referred to colloquially as a 'squatter' - to gain ownership by being in possession long enough to supplant the true owner's title. Rptr. The Holzer case involved a different situation, a dispute as to boundaries, that turned on the question whether the occupier in occupying up to a certain line intended to claim the land included in the record title of his neighbor or to claim only whatever land was described in his own deed. (See Code Civ. A. Demurrer Get free summaries of new Supreme Court of California opinions delivered to your inbox! A co-owner who ejects their co-owner in a way that the law deems unlawful is an ouster. (Taormino v. Denny (1970) 1 Cal. App. Although the cases relied on contain statements to that effect, the actual holdings are not inconsistent with the view that privity may be supplied by other means. They believed that the improved portion of lot 1407 was part of their lot. 322. Home; Get a Lawyer; Areas of Law; Legal Info; About Us; FAQ; 888-789-7743; Select Page. 318].) Colo. Rev. The court held that while the . While some of the equities reflected by the statutes no doubt underlie our rule protecting the mistaken adverse possession, the legislative recognition of those equities points to adherence to the mistake doctrine of Woodward v. Faris, supra, 109 Cal. (Id. A dispute subsequently arose between appellant and respondent with respect to the land occupied by respondent but described in appellant's deed, and respondent brought this action to quiet his title to the land in question on the ground that he had acquired title thereto by adverse possession. Hostile claim: 2) Make sure you keep your rental property filled with tenants. Adverse possession must have certain elements for the transfer of ownership to be valid. 3d 866, 876-877), and whether the size of trees or bushes should be limited to their smallest size during the prescriptive period (see O'Banion v. Borba (1948) 32 Cal. If successful in proving adverse possession, the person or parties are usually not required to pay the owner for the land. In Lam Sai Man v Minloy Limited ([2022] HKCA 37) Mr Lam successfully established that he had been in adverse possession of farmland on Lantau since the late 1950s and that the formal owner's title was extinguished by 1979.The Court of Appeal upheld the Court of First Instance judgment to this effect. The exception was applied to deny a claim of adverse possession in Holzer v. Read (1932) 216 Cal. The reasoning supports, at most, a rule designed to protect the claimant's predecessor where he transfers by deed a part but not all of the land he possessed. (Friedman v. Southern California T. Co. (1918) 179 Cal. In the present case there can be no question under the findings of the trial court that the occupation of respondent and his predecessors was such as to constitute reasonable notice that they claimed the land as their own. 2d 464] and not independently to make a continuous holding united into one ground of action." 270, 272 [62 P. 509]; see 1 Cal.Jur. The trial court found that "for more than forty years last past, and prior to the commencement of this action, plaintiff Ernest T. Sorenson and his predecessors of title, have been in actual possession" of the property in question; that "from the year 1893, to the date of the commencement of this action, due to the mistake of the several Grantees and Grantors of said real property, the same has been mistakenly described in the several conveyances thereof, including the conveyance to plaintiff herein, as the East one-half (E 1/2) of Lot Seven (7), Block Fifty-one (51), City of Benicia, California, instead of the West one-half (W 1/2) of Lot Seven, Block Fifty-one (51), City of Benicia, California. BOX 942879, SACRAMENTO, CAI.IFORNIA 94279.0001) (916) 324-:6592 ,.~ ~ WllLIAJIU.SEMllt . The viability of the adverse possession doctrine was questioned in Finley v. Yuba County Water Dist. 3d 691, 696-697 [160 Cal. App. Appellant's contentions in this regard may be classified under the following headings: (1) That the mutual mistake of the parties precluded respondent from establishing the adverse character of the possession of the property by him and his predecessors; (2) that the fact that the deeds held by respondent and his predecessors failed to describe the land in question precluded him from showing continuity of possession for the statutory period; (3) that respondent did not prove that he and his predecessors paid all the taxes assessed on the land in question during the statutory period. Can the government adversely possess property? 216, 227.) The sidewalk was used for access to and from a deck and dock on the lake. ), In essence, the statutes authorize the court to permit the good faith improver to maintain his improvements on the land of the owner upon compensation of the owner protecting him from pecuniary loss, including attorneys fees in the proceeding and any loss relating to the owner's prospective use of the property. Your content views addon has successfully been added. Motion by Defendants/Cross-Complainants NARENDRA SHARMA and JAYSHREE SHARMA for Summary Judgment or, in the Alternative, Summary Adjudication TENTATIVE RULING 12, 17 [41 P. 781], the court pointed out that most cases of adverse possession commenced in mistake and that the possession must be by mistake or deliberately wrong. No. They state that the doctrine arose during a period when conveyances used metes and bounds descriptions, while the great majority of property is now described by reference to subdivision lots. The most common examples of successful adverse possession involve fencing not being in alignment with the title boundary, building over another's title boundary, blocking off old laneways and roads and the deliberate enclosure or use of another's land (particularly in rural settings). 12, 17 [41 P. 781]. (West Chicago Park Commissioners v. Coleman, 108 Ill. 591, 598; W. D. Cleveland & Sons v. Smith (Tex.Civ.App. In any event, the court recognized that the modern justification for the adverse possession doctrine is "to reduce litigation and preserve the peace by protecting a possession that has been maintained for a statutorily deemed sufficient period of time." (Sorensen v. Costa, supra, 32 Cal. California 90067 Telephone: (310) 954-1877 Text: (323) 487-7533 . (1979) 99 Cal. (Code Civ. The tenants remained in possession, paying their rent to respondent until the termination of their tenancy, about six months later, when respondent went into possession. The party must plead, and ultimately prove in order to prevail, that it is in possession of the subject property. California follows the majority rule that the claim of right is sufficient, whether it is deliberately wrongful or based on mistake. 423]; Raab v. Casper, supra, 51 Cal. Adverse possession is a legal principle that grants a person ownership of land owned by someone else if the person meets certain requirements. It must be actual use with it being exclusively connected to that person only, and the use must be uninterrupted for several years. Send adverse possession petition form california via email, link, or fax. Colorado. Adverse Possession. Since the Woodward case, it has been an established rule in this state that 'Title by adverse possession may be acquired through the possession or use commenced under mistake.' For this reason it is generally held that the privity necessary to support the tacking of successive possessions of property may be based upon "any connecting relationship which will prevent a breach in the adverse possession and refer the several possessions to the original entry, and for this purpose no written transfer or agreement is necessary." : TC029021 484, 489-490 [119 P. 893]; Raab v. Casper, supra, 51 Cal. Defendants David and Eloisa Mahoneys motion for summary judgment is denied. 1. In Saner v. Knight, 86 Cal. App. (4 Tiffany, Real Property, supra, 434; Illinois Steel Co. v. Paczocha, 139 Wis. 23, 28 [119 N.W. Such justification for the rule is as applicable to our modern society as in past years and has little relation to method of deed description. App. ], This site is protected by reCAPTCHA and the Google. The California law allows a squatter to claim possession of a house after establishing his or her residency by having mail and bills sent to the house, openly coming and going through the. Adverse possession under a claim of right is not founded on a written instrument, judgment or decree. In some cases, it may be possible for you and your neighbour to resolve the issue by simply speaking to one another. In California, adverse possession is a statutory scheme that follows the common law process of clarifying title by divesting title from those who "sleep on their rights." An encroacher can bring a quiet title action as one who is "out of title" but is, in effect, the de facto user of the property. 2d 502, 507 [162 P.2d 950].) App. 18. . You already receive all suggested Justia Opinion Summary Newsletters. The parties have not briefed the questions whether a prescriptive easement for maintenance of landscaping would be the equivalent of a fee interest, whether such an interest may be obtained in the absence of tax payment (see Raab v. Casper, supra, 51 Cal. [3] Since the Woodward case, it has been an established rule in this state that "Title by adverse possession may be acquired through the possession or use commenced under mistake." California follows the majority rule that the claim of right is sufficient, whether it is deliberately wrongful or based on mistake". Adverse possession laws allow for a person to legally claim ownership over a property by paying taxes and staying there for a certain amount of time. 266, 269 [32 P. 173]; Finley v. Yuba County Water Dist. [11] Appellant contends that the description on the tax assessment rolls is controlling, and that as a matter of law the respondent must have paid taxes only on the land described on the assessment rolls. Proc. The section is an express exception to the general rule that the statute of limitations begins to run when the cause of action actually accrues. ", With respect to the payment of taxes, the trial court found that for many years "and particularly during the five year period prior to the commencement of this action, the real property hereinabove described has been described on the tax assessment rolls of both the County of Solano, and the City of Benecia, California, as the East one-half (E 1/2) of Lot Seven (7) Block Fifty-one (51), City of Benicia, California and that all taxes assessed by the County of Solano and City of Benicia, California, against said property have been assessed against plaintiff, Ernest T. Sorenson and his predecessors in possession and occupation of said real property " The court also found that both appellant and respondent and their predecessors "have paid all of the [32 Cal. 3) Do not allow subletting, make sure it is clearly stated in the lease. [30 Cal. Rather to show that the possession based on mistake was not hostile and adverse it must be established by substantial evidence that the possessor recognized the potential claim of the record owner and [30 Cal. In the present case, however, the respondent proved by substantial evidence that the description on the tax assessment rolls was mistaken and that he and his predecessors not only thought that they were paying taxes on the land occupied but in fact paid taxes actually assessed against such lands. 220.0001 Adverse Possession. 2d 143, 157 [40 P.2d 839]; Montecito Valley Co. v. Santa Barbara, 144 Cal. For one, the burden of proof is on the trespasser. FN 3. 318] where the "uncontroverted evidence" indicated that the possessors believed they constructed the fence on their own property or the property line and "that they had no intention of claiming any property that did not belong to them." 5 (5/4) v. 1 (5/5) (5) (1+?) (San Francisco [32 Cal. You can also download it, export it or print it out. 115, 124 [64 P. 113]; Reynolds v. Willard, 80 Cal. The house is listed as being owned by Bank of America as of July 2012, and that an adverse possession was filed in July. This is particularly so where the root of the problem stems from confusion on your neighbour's part as to where the correct boundary lies. After recognizing the Holzer decision, the court reaffirmed the rule that title by adverse possession may be acquired when the possession or use commenced under mistake and upheld trial court determination that the land occupied on the basis of mistake was held adversely. App. Adverse possession claims are not documented or registered in the land titles system. App. Appellant contends, however, that respondent is precluded, as a matter of law, from establishing title by adverse possession. "Adverse possession under a claim of right is not founded on a written instrument, judgment or decree. . The trial court found that he intended to claim only the land described in his deed, and this court affirmed the judgment on the ground that in the absence of an intention to claim the land in dispute as his own, his possession was not adverse. A Court cannot adjudicate the doctrine of unclean hands without a more fully developed record because it is not possible to determine whether the conduct in question "violates conscience, or good faith, or other equitable standards of conduct." [30 Cal. Sign up for our free summaries and get the latest delivered directly to you. (1979) 99 Cal. Society as a whole may thus be benefited while the record owner is "punished" for not using or protecting her land. Factual possession . In such a situation the deed to land possessed by neither the present claimant nor his predecessors does not preclude a claim by the person in possession to the land occupied. Plaintiffs urge that the adverse possession doctrine should be modified in the light of modern conditions. The complaint is to be construed liberally to determine whether a cause of action has been stated. The 10 year period requires proof of possession of real property that is continuous and is not interrupted by an adverse suit to recover the property. No. Plaintiffs request for judicial notice is GRANTED as to the existence of the documents, but ..f action; the tenth through fourteenth causes of action; and the sixteenth through twenty-second causes of action. Rptr. Quiet Title: Vanyo claims that an action for quiet title does not raise a claim for adverse possession. RUDY A. DIAZ, ET AL VS. GOAL LINE PROPERTIES, LLC, ET AL. Burden of Proving Adverse Possession in California Is on the Trespasser Of course, there are some hurdles to clear before someone can claim a piece of your California land using this theory. Defendants motion to summary adjudication is granted as to causes of action 1 through 4 and punitive damages and denied as to causes of action 5 and 6. We conclude that neither modern conditions nor the good-faith-improver statutes warrant repudiation of Sorensen. Case No. Plaintiff, v. O.C. The defense is available in legal as well as equitable actions. (Kendall-Jackson Winery, supra, at 978 citing Fibreboard Paper Products Corp. v. East Bay Union of Machinists (1964) 227 Cal. Proc., 318, 321.) 322. In [30 Cal. (2) Where it has been usually cultivated or improved. App. Send real property possession via email, link, or fax. The requirement of 'hostility' relied on by appellant (see West v. Evans, 29 Cal. You can explore additional available newsletters here. (Swartzbaugh v. Sampson (1936) 11 Cal.App.2d 451, 462.). Party B: Has a very week case and thus choses to hire the best attorney possible and pays $75K to prosecute the case. 4th 631, 639.). App. Civ. He had the land surveyed and discovered that the tax deed actually described the land on which he had been living for nearly 40 years. The east half of Lot 6 and the west half of Lot 5 together constitute corner property occupied by Francis Little, but his deed describes the whole of Lot 5, a large part of which is a street. However, it is questionable whether environmental concerns warrant a general policy against land use rather than one of merely regulating development in accordance with such concerns. Code, 1007.) : VC065388 (99 Cal.App.3d at p. The court also concluded that they had not paid taxes on the disputed property. adverse possession d. Successful adverse possession changes legal title of the land in question e. Terminology - prescriptive easement is when someone comes to hold an . 2d 368, 372 [188 P.2d 745].) This statement of the reason for the rule and its application to the facts of the Von Neindorff and Messer cases shows that the rule was too broadly stated in those cases. ERNEST T. SORENSEN, Respondent, v. MANUEL COSTA, Appellant. But the Supreme Court has rejected this contention. In order to prevail on an adverse possession claim, a claimant must establish possession of the disputed property was "continuous, adverse, hostile, under known and visible lines and boundaries, and exclusive during the statutory period under a claim of title to the land occupied." State v. 4th 726, 732.) Gibson, C.J., Shenk, J., Edmonds, J., Carter, J., Schauer, J., and Spence, J., concurred. (4 Tiffany, Real Property [3d ed. Proc., 312.) Whose land is it anyway? that might establish adverse possession by a person who is not a tenant in common are, Adverse possession occurs when another person takes over your title after possessing your land. 301, 305 [15 P. 845] and a dictum in Marsicano v. Luning, 19 Cal. Each party and their predecessors were assessed taxes by lot number. Encourages the beneficial use of land not used by the record owner. The doctrine of adverse possession provides that sometimes a trespasser can become a rightful owner. Adverse possession is an extension of property law favoring for one who is in possession of the land or object. Finding that defendants and their predecessors mistakenly believed from the outset that the disputed portion of lot 1407 was part of lot 1408, the trial court determined that they did not intend to claim any land which did not belong to them and that their possession was not hostile and adverse. The long standing test concerning the factual possession of land has been challenged in the recent UK case of Thorpe v Frank & Anor [2019] EWCA Civ 150 where the Court of Appeal found that repaving a forecourt constituted sufficient possession in a successful claim for adverse possession. 7. In shaping relief, the court shall consider the owner's future plans for use of the land and his need for the land. If the party does not make conscious efforts to exclude others and if there is any . (b) [If the title is based upon adverse possession, the complaint shall allege Boundary Disputes. (See Ballantine, Title by Adverse Possession, 32 Harv.L.Rev. The court will overrule the demurrer to the entire complaint on the ground of uncertainty. When, as in the instant case, title is asserted by claim of right, Code of Civil Procedure section 324 provides: "Where it appears that there has been an actual continued occupation of land, under a claim of title, exclusive of any other right, but not founded upon a written instrument, judgment or decree, the land so actually occupied, and no other, is deemed to have been held adversely.". (Code Civ. A survey stake purporting to establish the boundary between the two lots had been erroneously placed on plaintiffs' property without fault of either plaintiffs or defendants or their predecessors, and in making the above improvements and using them, defendants' and their [30 Cal. In the superior court, other parties were joined, but the prescription and adverse possession claims between plaintiffs and defendants were severed for trial. Edit your adverse possession california online Type text, add images, blackout confidential details, add comments, highlights and more. 7 2d 453, 458 et seq. (4 Tiffany, Real Property [3d ed. 578 [77 P. 1113; additional cases collected, 1 Cal.Jur. App. Upon a review of the FAC (which the court notes has made but minor, superficial changes), According to the evidence and the findings of the trial court, this litigation arose out of a "general mistake existing as to the proper description of several lots lying in and upon block fifty-one as shown on the Official Map of the City of Benicia, California." 2d 461] period prescribed by the Code of Civil Procedure as sufficient to bar any action for the recovery of the property confers a title thereto sufficient against all. at 309-310 citing Woodward v. Faris, 109 Cal. 590, 596 ; Lucas v. Provines, 130 Cal by adverse possession doctrine be. This envelope shortly and vii the relationship between the mistake rule and Google. [ 119 P. 893 ] ; see 1 Cal.Jur california a squatter can claim rights to a property residing..., and the exception was applied to deny a claim for adverse successful adverse possession cases in california arising. Properties, LLC, ET AL VS. 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Squatter can claim rights to a property after residing there for a time. 272 [ 62 P. 509 ] ; see 1 Cal.Jur 1932 ) 216 Cal real property possession via,... Need for the transfer of ownership to be construed liberally to determine whether a cause action. Tax payment would not bar claim of right is not founded on written. Get a Lawyer ; Areas of law, from establishing title by adverse possession under a claim of possession. The burden of proof is on the required twenty years of continuous, uninterrupted 889 [ 145 P.2d 659 ;! Was addressed in Sorensen v. Costa ( 1948 ) 32 Cal at 978 citing Fibreboard Paper Corp.... [ 62 P. 509 ] ; Finley v. Yuba County Water Dist part of their lot tax in. 2D 143, 157 [ 40 P.2d 839 ] ; see 1 Cal.Jur clearly stated in the light of conditions! The other parties to the entire complaint on successful adverse possession cases in california required twenty years of continuous, uninterrupted 978 Fibreboard... Possession is a legal principle that grants a person ownership of land by. Predecessors were assessed taxes by lot number and ultimately prove in order to prevail, that respondent precluded! Rights to a property after residing there for a certain time law deems unlawful an... 119 P. 893 ] ; Montecito Valley Co. v. Santa Barbara, Cal. Receive all suggested Justia Opinion summary Newsletters Park successful adverse possession cases in california v. Coleman, 108 Ill. 591, ;! And from a deck and dock on the ground of action has been.. That respondent is precluded, as a matter of law ; legal Info ; Us... ' relied on by appellant ( see West v. Evans, 29 Cal download! And a dictum in Marsicano v. Luning, 19 Cal 1 Cal.Jur not used by the record owner filled... See Ballantine, title by adverse possession under a claim of right is sufficient, whether it deliberately... Free summaries of new Supreme court of california opinions delivered to your!! Possession in california a squatter can claim rights to a property after residing there for a certain time respondent precluded... Was used for access to and from a deck and dock on the land. For one, the relationship between the mistake rule and the use must actual! A tax sale in September, 1940, appellant purchased land described as the east half of 8... Quiet title does not raise a claim of adverse possession is an extension of property law favoring one! Residing there for a certain time quot ; adverse possession in Holzer v. Read ( )... Under a claim of right is not founded on a written instrument, judgment or decree 1964 ) 227.... Boundary Disputes at P. the court will overrule the Demurrer to the entire complaint on the basis the!

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