No cause of action, or defense to an action, arising out of the title to real property, or to rents or profits out of the same, can be effectual, unless it appear that the person prosecuting the action, or making the defense, or under whose title the action is prosecuted, or the defense is made, or the ancestor, predecessor, or grantor of such person was seized or possessed of the premises in question within five years before the commencement of the Act in respect to which such action is prosecuted or defense made.
§ 319.Action Or Defense to Action Arising Out of Title to Real Property Or Rents Or Profits
Title 2. Of the Time of Commencing Civil Actions · Chapter 2. The Time of Commencing Actions for the Recovery of Real Property · Enacted 1872 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 319 applies the same five-year seizin-or-possession requirement from Section 318 to any cause of action or defense that arises out of title to real property or out of the rents or profits of that property.
Full Text of § 319
Plain-English Summary
Section 319 extends the five-year rule to a broader category than § 318's action to recover property outright. It covers any cause of action, or any defense to an action, that arises out of title to real property, or out of rents or profits derived from it.
The requirement mirrors § 318: the person prosecuting the action, making the defense, or the person under whose title the action or defense is pursued, or an ancestor, predecessor, or grantor, must have been seized or possessed of the property within five years before the action.
Frequently Asked Questions
Does Section 319 only apply when I am trying to recover the property itself?
No. It reaches any cause of action or defense arising out of title to real property, or out of its rents or profits, not only a direct action to recover the land.
Whose possession counts toward the five years under Section 319?
The possession of the party prosecuting or defending, or of an ancestor, predecessor, or grantor under whose title the claim or defense is made.
Amendment History
Enacted 1872.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: defense arising from title to real property california