The right of a person to the possession of real property is not impaired or affected by a descent cast in consequence of the death of a person in possession of such property.
§ 327.Right to Possession Not Impaired Or Affected By Descent Cast In Consequence of Death
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 327 provides that a person's right to possess real property is not impaired or affected merely because title passed by descent, meaning by inheritance, upon the death of whoever was in possession of the property at the time.
Full Text of § 327
Plain-English Summary
Section 327 addresses an old common-law doctrine called "descent cast": the idea that when a person in possession of land dies and title passes to an heir by descent, that passage of title alone could cut off or weaken someone else's competing right to possess the property.
This section removes that effect in California. A person's right to possession is not impaired or affected merely because title to the property descended to an heir upon the death of the person who was in possession. The death and inheritance, standing alone, do not work against a competing possessory right.
Frequently Asked Questions
What is "descent cast" and why does this section mention it?
Descent cast refers to title passing to an heir when a person in possession of land dies. Section 327 provides that this passage of title does not, by itself, impair or affect anyone else's right to possess the property.
Does a property owner's death change who can sue to recover possession?
Section 327 says the death and the resulting descent of title do not impair a person's existing right to possession; the right survives that event unaffected.
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: descent cast real property california