The court shall not grant relief under this chapter if the court determines that exercise of the good faith improver's right of setoff under Section 741 of the Code of Civil Procedure or right to remove the improvement under Section 1013.5 of the Civil Code would result in substantial justice to the parties under the circumstances of the particular case. In determining whether removal of the improvement would result in substantial justice to the parties under the circumstances of the particular case, the court shall take into consideration any plans the owner of the land may have for the use or development of the land upon which the improvement was made and his need for the land upon which the improvement was made in connection with the use or development of other property owned by him.
§ 871.4.Removal of Improvement Would Result In Substantial Justice to Parties
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 871.4 bars relief under this chapter if letting the improver set off the improvement's value or remove it instead would achieve substantial justice, and directs the court to weigh the landowner's development plans and need for the land in judging whether removal serves that end.
Full Text of § 871.4
Plain-English Summary
Before a court starts adjusting anyone's rights and interests, § 871.4 asks a threshold question: would one of two simpler remedies already do the job? If exercising the improver's right of setoff under § 741, or the improver's right to remove the improvement under Civil Code section 1013.5, would result in substantial justice to the parties under the circumstances, the court is not supposed to grant the more elaborate relief this chapter otherwise allows.
Removal in particular gets a specific test. In deciding whether removing the improvement would achieve substantial justice, the court has to take into account any plans the landowner has for using or developing the land, and the landowner's need for that land in connection with other property the landowner owns. A landowner with concrete development plans that depend on a clear, unimproved lot presents a different case than one with no particular use in mind for the land.
Frequently Asked Questions
When does a court withhold relief under this chapter?
When exercising the improver's setoff right under § 741, or the right to remove the improvement under Civil Code section 1013.5, would already achieve substantial justice between the parties.
What does the court consider in deciding whether removal serves substantial justice?
The landowner's plans for using or developing the land, and the landowner's need for it in connection with other property.
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
Also known as: removal of improvement good faith improver californiasetoff good faith improver california