§ 741.Improvements Made As Good Faith Improver
Title 10. Actions In Particular Cases · Chapter 3. Actions for the Recovery of Real Property, and Other Provisions Relating to Actions Concerning Real Property · Last amended 1968 · Last verified July 28, 2026
Full Text of § 741
Plain-English Summary
A defendant who improved the property while believing, in good faith, that the improvements belonged there gets some credit for that under § 741. When damages are claimed for withholding recovered property, and the defendant or the defendant's predecessor made improvements as a good faith improver — the term § 871.1 defines — the increase in the land's value from those improvements has to be set off against the damages owed.
The setoff doesn't erase the plaintiff's damages claim; it reduces it by whatever value the improvements truly added, recognizing that a good faith improver's work benefited the property even if that person ultimately lacked the right to be there.
Frequently Asked Questions
What is a "good faith improver" for purposes of § 741?
The term has the meaning given in § 871.1, generally someone who made improvements to property under an honest, mistaken belief in a superior claim or right to make them.
How does a good faith improvement affect the damages a plaintiff can recover for withholding property?
The amount by which the improvements enhance the value of the land must be allowed as a setoff against the damages claimed.
Amendment History
Amended by Stats. 1968, Ch. 150.