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§ 871.2.Person Includes Unincorporated Association

Title 10. Actions In Particular Cases · Chapter 10. Good Faith Improver of Property Owned by Another · Last amended 1971 · Last verified July 28, 2026

In one sentenceSection 871.2 clarifies that the word 'person,' as this chapter uses it, includes an unincorporated association, not only an individual human being.

Full Text of § 871.2

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As used in this chapter, "person" includes an unincorporated association.

Plain-English Summary

This short section heads off a narrow definitional question: does "person," as this chapter uses it, cover only individual human beings? Section 871.2 answers no -- it also includes an unincorporated association.

That matters because good faith improvements aren't always made by lone individuals. Clubs, informal partnerships, and other unincorporated groups sometimes build on land they mistakenly believe they own, and this section makes sure they aren't excluded from the chapter's protections because they lack corporate status.

Frequently Asked Questions

Does the good faith improver doctrine apply only to individuals?

No. "Person" under this chapter also includes an unincorporated association.

Why does the definition matter for a group like a club or informal partnership?

Without it, an unincorporated group that mistakenly built on land it didn't own might be denied relief for lacking corporate status; § 871.2 forecloses that argument.

Amendment History

Amended by Stats. 1971, Ch. 244.

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: unincorporated association good faith improver california