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.
§ 324.Property Deemed Held Adversely By Occupant Under Claim of Title Not Founded Upon Written Instrument Or Decree Or Judgment
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 324 covers adverse possession claims not founded on a written instrument, judgment, or decree: only the land continuously occupied under an exclusive claim of title, and no more, is deemed held adversely.
Full Text of § 324
Plain-English Summary
Section 324 addresses the narrower, "occupant's claim" theory of adverse possession, occupation without any written instrument, judgment, or decree behind it. Here the deemed-adverse property is limited strictly to what has been occupied: the land continuously occupied, under a claim of title exclusive of any other right, and no other land.
That is a meaningfully smaller footprint than § 322's written-instrument theory, where an entire described tract can be deemed held adversely once part of it is occupied under the instrument. Under Section 324, there is no benefit of a paper description; only the ground occupied on the facts counts.
Section 325 supplies the specific ways land can be occupied for this kind of claim, along with the five-year duration and the tax-payment requirement that applies to every adverse possession theory in this chapter.
Frequently Asked Questions
What is the difference between adverse possession under Section 322 and under Section 324?
Section 322 lets an entire tract described in a written instrument be deemed held adversely once occupied under that instrument; Section 324, for claims without such an instrument, deems adverse only the land continuously occupied.
Does Section 324 require exclusive possession?
Yes. It requires occupation under a claim of title exclusive of any other right.
How long must the occupation last, and are there other requirements?
Section 324 does not itself state a duration or additional conditions; § 325 supplies the five-year period, the ways land counts as occupied, and the tax-payment requirement that applies to this theory of adverse possession.
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: adverse possession without written instrument californiasquatters rights california