Whenever the public records in the office of the county recorder of any county are lost or destroyed in whole or in any material part by flood, fire, earthquake, enemy attack, or from any other cause, any person who claims an estate of inheritance or for life in, and who is by himself, or his tenant or other person holding under him in the actual and peaceable possession of, any real property in the county may bring and maintain an action in rem against all the world, in the superior court for the county in which such real property is situate, to establish his title to such property and to determine all adverse claims thereto. Such action may also be brought in the county in which the real property is situate if any real property is in another county, but was formerly in the county of which all or a material part of the records were so lost or destroyed, and if the lost or destroyed records included all or a material part of the public records in the office of the county recorder covering all or a material part of the time when the real property was in the county whose records were so lost or destroyed.
§ 751.02.Persons Who May Bring Action; Venue
Title 10. Actions In Particular Cases · Chapter 3.5. Actions to Re-establish Destroyed Land Records · Enacted 1953 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 751.02 lets a person holding an estate of inheritance or a life estate, in actual peaceable possession of real property, bring an in rem action in the county's superior court to establish title once that county's recorder's records covering the property have been lost or destroyed by flood, fire, earthquake, enemy attack, or any other cause.
Full Text of § 751.02
Plain-English Summary
This is the heart of Chapter 3.5. It only applies once a county recorder's public records — deeds, liens, mortgages, the whole chain of title — have been lost or destroyed in whole or in material part. The statute doesn't limit the cause: flood, fire, earthquake, and enemy attack are named examples, but any other cause counts too.
The person bringing the action has to hold an estate of inheritance or a life estate in the property, and has to be in actual, peaceable possession of it, either personally or through a tenant or other person holding under them. The action runs against the world — an in rem proceeding filed in the superior court of the county where the property sits, aimed at establishing title and resolving every adverse claim at once rather than suing individual claimants one by one.
The section also covers a wrinkle for property that has since moved into a different county. If land was formerly in the county whose records were destroyed, and the lost records covered all or a material part of the time the land was located there, the action can still be brought in the county where the property is now situated.
Frequently Asked Questions
What has to happen to the county's records before this action is available?
The public records in the county recorder's office must be lost or destroyed in whole or in any material part, whether by flood, fire, earthquake, enemy attack, or any other cause.
Who can bring this action?
Anyone who claims an estate of inheritance or a life estate in the property and who is, personally or through a tenant or someone holding under them, in actual and peaceable possession of it.
Is this a lawsuit against a specific defendant?
No. It's an in rem action against the world, filed in the superior court of the county where the real property is located, meant to establish title and resolve every adverse claim in one proceeding.
What if the property is now in a different county than the one whose records were destroyed?
The action can still be brought where the property is now located, so long as the destroyed records covered all or a material part of the period the property was in the original county.
Amendment History
Added by Stats. 1953, Ch. 52.
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: destroyed county records lawsuit californiare-establish title after records destroyed