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§ 747.Action Not Prejudiced By Alienation Made By Person In Possession

Title 10. Actions In Particular Cases · Chapter 3. Actions for the Recovery of Real Property, and Other Provisions Relating to Actions Concerning Real Property · Enacted 1872 · no amendments on record · Last verified July 28, 2026

In one sentenceSection 747 provides that an action to recover real property from a person in possession cannot be undermined by any transfer that person makes of the property, whether the transfer happens before or after the lawsuit begins.

Full Text of § 747

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An action for the recovery of real property against a person in possession cannot be prejudiced by any alienation made by such person, either before or after the commencement of the action.

Plain-English Summary

A defendant in possession of disputed real property might try to complicate the case by transferring the property to someone else. Section 747 forecloses that tactic: an action for the recovery of real property against a person in possession isn't prejudiced by any alienation that person makes, whether it happens before or after the action commences.

In practice, this means the plaintiff's claim survives the transfer, and the litigation can proceed against the original possessor's interest regardless of who now holds record title, keeping a defendant from defeating the suit merely by handing the property off to a third party.

Frequently Asked Questions

Can a defendant defeat a real property recovery action by transferring the property to someone else?

No. Section 747 says the action can't be prejudiced by any alienation the defendant makes, whether before or after the action was commenced.

Does it matter whether the transfer happened before or after the lawsuit was filed?

No, § 747 treats both the same — neither timing prejudices the plaintiff's action.

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: transfer of property during lawsuit californiaalienation does not prejudice recovery action