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§ 801.11.Presumption that Certificate Issued On Sale Made to Satisfy Assessment Or Bond Paid and Redeemed

Title 10. Actions In Particular Cases · Chapter 4.6. Actions Concerning Real Property Titles Affected by Public Improvement Assessments · Last amended 1951 · Last verified July 28, 2026

In one sentenceSection 801.11 requires the court to determine the parties' rights based on proof at trial, presumes a certificate of sale paid and redeemed when no deed issued more than four years after the sale, and makes that presumption conclusive if no deed issues within four years or by January 1, 1953, whichever is later, barring any deed after that.

Full Text of § 801.11

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On the trial of the action, the court shall determine the rights of all the parties thereto and shall require proof of the facts alleged. Any certificate issued on sale made to satisfy any public improvement assessment or any bond issued to represent such assessment shall be presumed to have been paid and redeemed where no deed pursuant thereto has been issued and such sale was made more than four years prior to the commencement of the action. The presumption herein mentioned shall become and be conclusive if no deed pursuant to such sale is issued within four years after the date of sale or prior to January 1, 1953, whichever is the later; and no public official shall thereafter execute or issue any deed pursuant to such sale.

Plain-English Summary

At trial, the court doesn't just accept the complaint's allegations — it requires proof of the facts alleged before determining the parties' rights. But the statute builds in a substantive presumption that does much of the work in these stale-certificate cases.

Where a certificate was issued on a sale made to satisfy an assessment or bond, and more than four years passed with no deed issued pursuant to that sale, the certificate is presumed paid and redeemed. That presumption hardens into something conclusive if no deed issues within four years of the sale, or by January 1, 1953, whichever comes later — and once that happens, no public official may ever issue a deed pursuant to that sale.

Frequently Asked Questions

What must the court do at trial under § 801.11?

Determine the rights of all the parties and require proof of the facts alleged in the complaint.

When is a certificate of sale presumed paid and redeemed?

When more than four years passed since the sale and no deed pursuant to it has been issued.

When does that presumption become conclusive?

If no deed issues within four years after the sale, or by January 1, 1953, whichever is later — after which no public official may issue a deed on that sale at all.

Amendment History

Amended by Stats. 1951, Ch. 521.

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: presumption certificate paid and redeemed californiafour year deed bar assessment sale california