Santa Clara Law Review Volume 9 | Number 1 Article 13 1-1-1969 Payment of Taxes as a Condition of Title by Adverse Possession: A Nineteenth Century Anachronism Averill Q. Mix Follow this and additional works at: http://digitalcommons.law.scu.edu/lawreview Part of the Law Commons Recommended Citation Averill Q. Mix, Comment, Payment of Taxes as a Condition of Title by Adverse Possession: A Nineteenth Century Anachronism, 9 Santa Clara Lawyer 244 (1969). Available at: http://digitalcommons.law.scu.edu/lawreview/vol9/iss1/13 This Comment is brought to you for free and open access by the Journals at Santa Clara Law Digital Commons. It has been accepted for inclusion in Santa Clara Law Review by an authorized administrator of Santa Clara Law Digital Commons. For more information, please contact
[email protected]. COMMENTS PAYMENT OF TAXES AS A CONDITION OF TITLE BY ADVERSE POSSESSION: A NINETEENTH CENTURY ANACHRONISM In California the basic statute governing the obtaining of title to land by adverse possession is section 325 of the Code of Civil Procedure.' This statute places California with the small minority of states that unconditionally require payment of taxes as a pre- requisite to obtaining such title. The logic of this requirement has been under continual attack almost from its inception.2 Some of its defenders state, however, that it serves to give the true owner notice of an attempt to claim his land adversely.' Superficially, the law in California today appears to be well settled, but litigation in which the tax payment requirement is a prominent issue continues to arise.