In every action for the recovery of real property, or the possession thereof, the person establishing a legal title to the property is presumed to have been possessed thereof within the time required by law, and the occupation of the property by any other person is deemed to have been under and in subordination to the legal title, unless it appear that the property has been held and possessed adversely to such legal title, for five years before the commencement of the action.
§ 321.Presumption In Action For Recovery of Property When Legal Title to Property Established
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 321 presumes that whoever holds legal title to real property has also possessed it for the time the law requires, and treats any other occupant's possession as subordinate to that title unless the property has been held adversely to it for five years before the action.
Full Text of § 321
Plain-English Summary
Section 321 sets up a presumption that favors the record titleholder. In any action to recover real property or its possession, the person who establishes legal title is presumed to have been possessed of the property for whatever time the law requires; the occupation of anyone else is treated as being under, and subordinate to, that legal title.
That presumption can be overcome, but only in one specific way: by showing the property has been held and possessed adversely to the legal title for five years before the action was commenced. Sections 322 through 325 in this chapter spell out what counts as holding property "adversely" for that purpose.
Frequently Asked Questions
Who is presumed to be in possession of real property in a California lawsuit over title?
Section 321 presumes the person who establishes legal title has also been possessed of the property, and treats any other occupant as holding under that title.
How does someone overcome that presumption?
By showing the property was held and possessed adversely to the legal title for five years before the action was commenced; the adverse possession rules in §§ 322 through 325 define what that requires.
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: presumption of possession legal title californiaadverse possession presumption california