When an action or cross-complaint is brought pursuant to Section 871.3, the court may, subject to Section 871.4, effect such an adjustment of the rights, equities, and interests of the good faith improver, the owner of the land, and other interested parties (including, but not limited to, lessees, lienholders, and encumbrancers) as is consistent with substantial justice to the parties under the circumstances of the particular case. The relief granted shall protect the owner of the land upon which the improvement was constructed against any pecuniary loss but shall avoid, insofar as possible, enriching him unjustly at the expense of the good faith improver. In protecting the owner of the land against pecuniary loss, the court shall take into consideration the expenses the owner of the land has incurred in the action in which relief under this chapter is sought, including but not limited to reasonable attorney fees. In determining the appropriate form of relief under this section, 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.
§ 871.5.Adjustment of Rights, Equities and Interests
Title 10. Actions In Particular Cases · Chapter 10. Good Faith Improver of Property Owned by Another · Last amended 1974 · Last verified July 28, 2026
In one sentenceSection 871.5 lets a court, subject to § 871.4, adjust the rights, equities, and interests of the good faith improver, the landowner, and other interested parties in whatever way achieves substantial justice, while protecting the landowner from pecuniary loss without unjustly enriching the landowner at the improver's expense.
Full Text of § 871.5
Plain-English Summary
Once § 871.4's threshold question is out of the way, this section gives the court its real toolkit. In an action or cross-complaint brought under § 871.3, the court may adjust the rights, equities, and interests of the good faith improver, the landowner, and other interested parties -- expressly including lessees, lienholders, and encumbrancers -- in whatever way is consistent with substantial justice under the particular circumstances.
Two guardrails shape that adjustment. The relief has to protect the landowner against pecuniary loss, but it also has to avoid, as much as possible, unjustly enriching the landowner at the improver's expense -- the court cannot let the landowner keep a valuable improvement for free just because a mistake was made. In weighing the landowner's pecuniary loss, the court also factors in whatever expenses the landowner incurred in the litigation itself, including reasonable attorney's fees.
Just as with the removal question under § 871.4, the court considers the landowner's own plans for using or developing the land, and the landowner's need for it alongside other property, in deciding what form of relief fits the case.
Frequently Asked Questions
What can a court do once it grants relief under the good faith improver chapter?
Adjust the rights, equities, and interests of the improver, the landowner, and other interested parties, including lessees, lienholders, and encumbrancers, however substantial justice requires.
Does the landowner get to keep the improvement without compensating the improver?
Not automatically. The court must avoid unjustly enriching the landowner at the improver's expense while still protecting the landowner from pecuniary loss.
Are the landowner's litigation costs factored in?
Yes, the court considers the landowner's litigation expenses, including reasonable attorney's fees, in protecting against pecuniary loss.
Amendment History
Amended by Stats. 1974, 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: relief good faith improver californiacompensation for improving someone else's land