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§ 871.1.Good Faith Improver Defined

Title 10. Actions In Particular Cases · Chapter 10. Good Faith Improver of Property Owned by Another · Enacted 1968 · no amendments on record · Last verified July 28, 2026

In one sentenceSection 871.1 defines a 'good faith improver' as someone who builds an improvement on land in good faith, mistakenly believing through an error of law or fact that they own it, or as that person's successor in interest.

Full Text of § 871.1

Text sizeJump to: (a) (b)

as used in this chapter, "good faith improver" means:
(a) A person who makes an improvement to land in good faith and under the erroneous belief, because of a mistake of law or fact, that he is the owner of the land.
(b) A successor in interest of a person described in subdivision (a).

Plain-English Summary

This section supplies the label the rest of the chapter builds around. A "good faith improver" is a person who makes an improvement to land in good faith, under the erroneous belief -- stemming from a mistake of law or fact -- that they own the land. The definition also reaches a successor in interest of that original improver, so the protection doesn't disappear if the improved property later changes hands.

Good faith and honest mistake are the operative concepts here. Someone who builds knowing full well the land belongs to another person doesn't qualify; this chapter exists for the person who truly, if wrongly, believed the land was theirs when they put up a structure or made some other improvement on it.

Frequently Asked Questions

Who qualifies as a 'good faith improver' under California law?

Someone who improves land in good faith, mistakenly believing, due to an error of law or fact, that they own it, or that person's successor in interest.

Does knowingly building on someone else's land qualify for this protection?

No. The improver must have truly, though mistakenly, believed they owned the land.

What if the good faith improver sells or transfers their interest?

The definition also covers a successor in interest, so the protection can carry forward.

Amendment History

Added by Stats. 1968, Ch. 150.

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
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