§ 853.Notice of Co-Owner's Failure to Contribute Proportionate Share of Taxes For Period of Five Years
Title 10. Actions In Particular Cases · Chapter 8. Actions Against Coowners of Mines · Enacted 2016 · no amendments on record · Last verified July 28, 2026
Full Text of § 853
Plain-English Summary
Section 853 addresses a specific problem in mining law: co-owners of a mine or mining claim who don't pull their weight on property taxes. If one coowner pays the full tax bill for five straight years while another coowner contributes nothing toward their share, the paying coowner can serve the delinquent coowner with a notice demanding contribution.
That notice is the first step in a chain that runs through the rest of this chapter. Section 854 governs how the notice must be served, § 855 lets the paying coowner escalate to a court petition if the delinquent still refuses to pay, and § 858 lets the court ultimately vest the delinquent's ownership interest in the coowner who carried the tax burden.
The remedy is narrow and specific to co-ownership of mines and mining claims -- it doesn't extend to ordinary tenancy-in-common disputes over other kinds of real property. But for coowners of a mine, it offers a real consequence for freeloading: five years of unpaid taxes can eventually cost the delinquent coowner their entire interest.
Frequently Asked Questions
What triggers the notice procedure under § 853?
A coowner of a mine or mining claim who has paid a delinquent coowner's proportionate share of taxes for five straight years may serve that delinquent coowner with notice demanding contribution.
Who can serve this notice?
The coowner who paid the delinquent coowner's share of the taxes.
What happens if the delinquent coowner still doesn't pay after getting notice?
Section 855 lets the paying coowner escalate to a verified petition in superior court if the delinquent fails or refuses to contribute within 90 days of service.
Does this apply to any co-owned property?
No. This chapter is limited to coowners of a mine or mining claim, not other kinds of co-owned real property.
Amendment History
Renumbered from Ca. Civ. Proc. Code §850 by Stats 2016 ch 86 (SB 1171),s 29, eff. 1/1/2017. Chapter heading amended by Stats 2016 ch 86 (SB 1171),s 30, eff. 1/1/2017.