(Standard Quicksilver Co. v. Habishaw, 132 Cal. The Court considered the moving and opposition papers. Five years after August 2019 would complete the timing element for adverse possession, or August 2024. Procedural Matters Schorr Law Wins Multi-Million Dollar Trial Involving Adverse Possession. A survey stake purporting to establish the boundary between the two lots had been erroneously placed on plaintiffs' property without fault of either plaintiffs or defendants or their predecessors, and in making the above improvements and using them, defendants' and their [30 Cal. 9 2d 590, 594 [42 P.2d 75].). ), 156 S.W. 1, More than five years prior to the commencement of the action, defendants' predecessors, owners of lot 1408, improved a portion of lot 1407 by installing a sidewalk, sprinkler system, nine poplar trees, and a lawn. 578 [77 P. 1113; additional cases collected, 1 Cal.Jur. ", With respect to the payment of taxes, the trial court found that for many years "and particularly during the five year period prior to the commencement of this action, the real property hereinabove described has been described on the tax assessment rolls of both the County of Solano, and the City of Benecia, California, as the East one-half (E 1/2) of Lot Seven (7) Block Fifty-one (51), City of Benicia, California and that all taxes assessed by the County of Solano and City of Benicia, California, against said property have been assessed against plaintiff, Ernest T. Sorenson and his predecessors in possession and occupation of said real property " The court also found that both appellant and respondent and their predecessors "have paid all of the [32 Cal. 266, 271 [176 P. 442]; Mann v. Mann (1907) 152 Cal. 334, 336 [125 P. 1083], that the period of adverse possession does not commence to run until the discovery of the mistake, must be disapproved, for it is not only inconsistent with the statutes of this state but is directly contrary to the holding of this court in Woodward v. Faris, supra, 109 Cal. The law protects the de minims takings . by clicking the Inbox on the top right hand corner. 2d 34, 44 [104 P.2d 813].) The court therefore determined that respondent and his predecessors have paid all the taxes that have been assessed on the property actually occupied by them for the five- year period before the commencement of the action. In this case, Mr. Schorr was successful in proving that his client had successfully acquired her co-owners 50% interest in the property through adverse possession and after an ouster had occurred. (See Code Civ. App. (E.g., Sorensen v. Costa, supra, 32 Cal. 5 b. It was pointed out that in such cases the possessor is not claiming adversely. There is much caselaw interpreting those words as legal terms of art, and a qualified real estate litigation attorney (myself or others) should be able to assist you. 2d 590, 596 [42 P.2d 75]; Kunza v. Gaskell, supra, 91 Cal. In Sorensen, each landowner occupied half of the property included in his deed and half included in the deed of his next door neighbor. At a tax sale in September, 1940, appellant purchased land described as the east half of Lot 8. The key elements which need to established in claims of adverse possession and prescriptive easement are set forth in Section A, supra. ( 871.1. The complaint is to be construed liberally to determine whether a cause of action has been stated. Your alert tracking was successfully added. Boundary Disputes. Rptr. The evidence before the trial court, particularly the fact that the land was assessed as improved property whereas the description on its face referred to a vacant lot, supports the trial court's determination that the description was mistaken and that the respondent and his predecessors actually paid all taxes assessed for the statutory period on the land that they occupied. This is particularly so where the root of the problem stems from confusion on your neighbour's part as to where the correct boundary lies. Adverse possession is sometimes described colloquially as "squatter's rights". 2d 453, 466-467.) 3d 691, 695 [160 Cal. The court held that while the . RICHARD L. GILARDI et al., Plaintiffs and Respondents, v. GARY L. HALLAM et al., Defendants and Appellants, (Opinion by Broussard, J., expressing the unanimous view of the court.). Hearing Date: October 14, 2016 App. Adverse possession is, in fact, a combination of conduct (or activ-ity) on the part of the adverse pos-sessor and the owner's inactivity or failure to oust the intruder. (Code Civ. 3d 326] in Sorensen v. Costa, supra, 32 Cal. It's better to file a lawsuit as soon as you're aware of a trespasser, depending on your state's laws, for a successful adverse possession claim. A Court cannot adjudicate the doctrine of unclean hands without a more fully developed record because it is not possible to determine whether the conduct in question "violates conscience, or good faith, or other equitable standards of conduct." [2] The requirement of "hostility" relied on by appellant (see West v. Evans, 29 Cal. In California, it takes 5 years of continuous use or maintenance for a squatter to make an adverse possession claim ( CCP 318, 325 ). Unlike a claim of right adverse possession claim, which can be based on a deliberately wrongful claim of right, one based upon color of title must be based upon some sort of written conveyance attempt, which is defective for some reason. All that the claimant must show, however, is that his occupation was such as to constitute reasonable notice to the true owner that he claimed the land as his own. (Code Civ. Paulsen & Vodonick, E. John Vodonick and Michael F. Scully for Defendants and Appellants. 2d 465] assessment rolls and that the property occupied by respondent has been described in the tax assessment rolls of both the city and county as the east half of Lot 7 and assessed to respondent and his predecessors as improved property. Share; 23rd August 2021. [12] The purpose of the description on the tax assessment rolls is to notify interested parties of the taxes due on the property, and appellant cannot complain of any mistake in the description unless he was misled thereby. fn. 2d 464] and not independently to make a continuous holding united into one ground of action." 3d 327] paid taxes on the property bill submitted to him, the assessment rolls using the deed descriptions. The parties and their predecessors were assessed taxes by lot number. 14, 58; 4 Tiffany, Real Property [supra], 1159; 1 Walsh, Commentaries on the Law of Real Property, 19.). (Glatts v. Henson (1948) 31 Cal. 3d 279, 289 [83 Cal. App. (Code Civ. (CrossTalk Productions, Inc. v. Jacobson (1998) 65 Cal.App.4th 631, 640.) Typically, these requirements include occupying . You can also download it, export it or print it out. 3d 866, 878; Walner v. City of Turlock (1964) 230 Cal. No. 349, 353 [99 Am.Dec. Since respondent's claim of title by adverse possession cannot be based on a written instrument, it must be supported, if at all, under Code of Civil Procedure sections 324 and 325, which do not require a written instrument. 119, 123 [13 P.2d 697], that 'where the occupation of land is by a mere mistake, and with no intention on the part of the occupant to claim as his own, land which does not belong to him, but with the intention to claim only to the true line wherever it may be, the holding is not adverse.' The Section 338(4) provides that in such a case the cause of action for purposes of the statute of limitations is deemed not to accrue until the discovery of facts constituting the fraud or mistake. "Occupancy for the [32 Cal. Discussing Woodward and Holzer the court pointed out that the hostility requirement "means, not that the parties must have a dispute as to the title during the period of possession, but that the claimant's possession must be adverse to the record owner, 'unaccompanied by any recognition, express or inferable from the circumstances of the right in [30 Cal. I. App. 270, 272 [62 P. 509]; see 1 Cal.Jur. 247, 251; cases collected 2 C.J.S. Plaintiffs seek to quiet title to the Property in their favor as of October 16, 2015where Rudy PERSONALLY REDEEMED the Property by paying $21,000.00 toward the property taxesthat w For full print and download access, please subscribe at https://www.trellis.law/. The Holzer case involved a different situation, a dispute as to boundaries, that turned on the question whether the occupier in occupying up to a certain line intended to claim the land included in the record title of his neighbor or to claim only whatever land was described in his own deed. 423]; Raab v. Casper, supra, 51 Cal. Proc., 871.1 et seq.) App. Adverse possession is a legal principle whereby a person who does not have legal title can become the owner of land by being in possession of it for long enough to oust the title of the true owner. (San Francisco v. San Mateo County, 17 Cal. Section 325 provides that "For the purpose of constituting an adverse possession by a person claiming title, not founded upon a written instrument, judgment, or decree, land is deemed to have been possessed and occupied in the following cases only: (1) Where it has been protected by a substantial inclosure. 135, 147.) By a subsequent amendment to his complaint he also sought reformation of his deed. 484, 489-490 [119 P. 893]; Raab v. Casper, supra, 51 Cal. In some cases . Adverse possessors may have their claims validated by judges and then entered on the title to the land. Articles. California law requires an adverse possessor to pay the property taxes associated with the property during the statutory period before title by adverse possession may be awarded. The sidewalk was used for access to and from a deck and dock on the lake. 10 has passed by adverse possession. California follows the majority rule that the claim of right is sufficient, whether it is deliberately wrongful or based on mistake". The court stated as the reason for this rule that "otherwise a person receiving a conveyance of a part of lands occupied by a predecessor might use the possession of that predecessor of another part of the land to defeat the rights of that predecessor with respect to that part of the land [32 Cal. App. [1] A person claiming title to property by adverse possession must establish his claim under either section 322 or under sections 324 and 325 of the Code of Civil Procedure. Ct. (1999) 76 Cal.App.4th 970, 978 citing Blain v. Doctor's Co. (1990) 222 Cal. The adverse possessor must enter the land without consent (adversely) and stay openly, obviously and con-tinuously in peaceable possession for a given number of years. A cause of action for the recovery of real property accrues when the owner is deprived of possession. Defendants appeal from judgment quieting plaintiffs' title to Lake of the Pines lot 1407, rejecting defendants' prescription and adverse possession claims to a portion of the lot. In order to prevail on an adverse possession claim, a claimant must establish possession of the disputed property was "continuous, adverse, hostile, under known and visible lines and boundaries, and exclusive during the statutory period under a claim of title to the land occupied." State v. C.C.P. A "good faith improver" is defined as one who makes an improvement to land in good faith and under a mistaken belief of law or fact that he is the landowner. In none of these cases, however, does it appear that the claimant showed that the descriptions on the tax receipts were erroneous and that he actually paid the taxes assessed on the land in controversy. Tentative ruling: You can also download it, export it or print it out. " (Civ. 2d 885, 889 [145 P.2d 659]; McLeod v. Reyes, 4 Cal. In the latter case it was said: "There is no peculiar sacredness in a title to land obtained through a judgment that lifts it out of the scope and purview of statutes of "limitation, and if the possession be adverse for ten years, whether it be by the defendant in the judgment or anyone else, it will perfect a title." It is stated in Thomson v. 318] where the "uncontroverted evidence" indicated that the possessors believed they constructed the fence on their own property or the property line and "that they had no intention of claiming any property that did not belong to them." (1996) 50 Cal. A dispute subsequently arose between appellant and respondent with respect to the land occupied by respondent but described in appellant's deed, and respondent brought this action to quiet his title to the land in question on the ground that he had acquired title thereto by adverse possession. (99 Cal.App.3d at p. App. Accordingly, we do not address those questions. 1973) p. Rptr. [14] Where a claimant of title by adverse possession has paid the taxes actually assessed on the property occupied, a misdescription on the tax assessment roll or in the tax receipts will not generally affect the efficacy of payment under statutes requiring the payment of taxes in order to establish title by adverse possession. The Land Registry's adverse possession regime is based on principles of neutrality and fairness to both parties. 02. HEARING: 04/18/18 You're all set! that a cotenant claiming adverse possession by ouster of his or her cotenants has a heavy burden. RUDY A. DIAZ, ET AL VS. GOAL LINE PROPERTIES, LLC, ET AL. 115, 124 [64 P. 113]; Reynolds v. Willard, 80 Cal. Id. 5 (5/4) v. 1 (5/5) (5) (1+?) HEARING ON MOTION FOR SUMMARY JUDGMENT FILED BY DAVID MAHONEY, While this may seem like an old or seldom used legal theory, it actually has modern day use and consequences. No. App. Colo. Rev. A color of title adverse possession claim also requires good faith reliance upon it by the party claiming adverse possession. (Id. 01. When, as in the instant case, title is asserted by claim of right, Code of Civil Procedure section 324 provides: "Where it appears that there has been an actual continued occupation of land, under a claim of title, exclusive of any other right, but not founded upon a written instrument, judgment or decree, the land so actually occupied, and no other, is deemed to have been held adversely.". The case of Breen v. Donnelly, supra, is not in point, for it involved the application of the statute of limitations to an action for relief on the ground of fraud or mistake under section 338(4) of the Code of Civil Procedure. There is no question that a person claiming title by adverse possession must show that he and his predecessors actually paid the taxes assessed on the particular land occupied, and he cannot show compliance with section 325 of the Code of Civil Procedure by merely proving that he and his predecessors "thought or supposed they were paying taxes" on the land occupied by them, when the lands were assessed under a correct description that applied to other land. 914].) When enacting the good-faith-improver statutes, the Legislature did not repeal or substantially modify the statutes governing adverse possession. [3] Since the Woodward case, it has been an established rule in this state that "Title by adverse possession may be acquired through the possession or use commenced under mistake." App. 2d 145, 155 [195 P.2d 10]). 2d 44, 48 [68 P.2d 278], appellant contends that only a deed describing the land claimed will supply the necessary privity. 2d 590, 596; Sorenson v. Costa, 32 Cal. "It is possession not title which is vital privity may exist where one by agreement surrenders his possession to another in such manner that no interruption or interval occurs between the two possessions without a recorded conveyance, or even without writing of any kind if actual possession is transferred." The reasoning supports, at most, a rule designed to protect the claimant's predecessor where he transfers by deed a part but not all of the land he possessed. try clicking the minimize button instead. " from the year 1893 to the date of the commencement of the action. For one, the burden of proof is on the trespasser. 550; 4 Tiffany, Real Property, supra, 1140.) ITT Rayonier, Inc. v. Bell, 112 Wn.2d at 759; Timberlane Homeowners Ass'n, Inc. v. Brame, 79 Wn.App. App. [30 Cal. Factual possession . In the superior court, other parties were joined, but the prescription and adverse possession claims between plaintiffs and defendants were severed for trial. Her deed, however, describes the whole of Lot 6. ", The relationship between the mistake rule and the exception was addressed in Sorensen v. Costa (1948) 32 Cal. (4 Tiffany, Real Property [3d ed. He was not injured by the mistake in the description, for at the time he did not know that he had any claim to the land in question and paid taxes on the property he was occupying assessed under a similar mistake in description. Although this motion is labeled as one for summary judgment or summary adjudication, the notice of motion and separate statement of undisputed facts do not set forth for what issues or claims summary adjudication is being sought, so it is ef ..deny this motion. However, it is questionable whether environmental concerns warrant a general policy against land use rather than one of merely regulating development in accordance with such concerns. CCP 438(b). A polite clarification might be all that is needed to . Estate of Williams (1977) 73 Cal.App.3d 141, 147. s Adverse Possession defense Rptr. 776 [195 P. 1068]; Johnson v. Buck, 7 Cal. (Price v. De Reyes (1911) 161 Cal. 2d 463] which he intended to keep for himself. C 10/30/91. In 1901, Albee executed a deed to [32 Cal. The actions were consolidated for trial. 2d 575, 581-582 [304 P.2d 149]; see 3 Witkin, Summary of Cal. 697.). Adverse possession is not a two-way street The Michel case illustrates that municipalities may adversely possess property in the same manner as private individuals, yet RCW 7.28.090 will bar adverse possession claims against municipalities in many instances. ], 425.) Rather to show that the possession based on mistake was not hostile and adverse it must be established by substantial evidence that the possessor recognized the potential claim of the record owner and [30 Cal. 12, 17 [41 P. 781]. You can explore additional available newsletters here. The opinion does not set forth the uncontroverted evidence establishing the intention. DEMURRER TO FIRST AMENDED COMPLAINT App. Plaintiffs rely on Berry v. Sbragia (1978) 76 Cal. App. 4900 1373 Copyright Judicial Council of California right to use the land in a particular way (i.e., an easement)." (Hansen, supra, 22 3d 866, 876-877), and whether the size of trees or bushes should be limited to their smallest size during the prescriptive period (see O'Banion v. Borba (1948) 32 Cal. In 1890 L. B. Misner executed a deed to Lot 7 to E. F. Albee and F. M. Carson. C.C.P. ", In addition, the trial court found that respondent "and his predecessors in interest have since the 19th day of April, 1890, been in actual possession" of the property in question "and have ever since the last date occupied, used and cultivated said land, having and keeping the same surrounded by a substantial enclosure, using and claiming the same in their own right from that date to the present time adversely, to all the world. In the present case, however, the respondent proved by substantial evidence that the description on the tax assessment rolls was mistaken and that he and his predecessors not only thought that they were paying taxes on the land occupied but in fact paid taxes actually assessed against such lands. In this case, I focused heavily on the required twenty years of continuous, uninterrupted . Step 1 - Talk to your neighbour. The trial court found that the land occupied by respondent, the west half of Lot 7, is improved land, whereas the east half of Lot 7 described in respondent's deed is unimproved, and that through a general mistake, the improved lot occupied by respondent "has been generally known and described in and about the City of Benecia" as the east half of Lot 7, an unimproved part of the property occupied by Nettie Connolly. In some cases, the court judge may provide permission to the defendant to enter . "The doctrine demands that a plaintiff act fairly in the matter for which he seeks a remedy. While some of the equities reflected by the statutes no doubt underlie our rule protecting the mistaken adverse possession, the legislative recognition of those equities points to adherence to the mistake doctrine of Woodward v. Faris, supra, 109 Cal. 14, 58; 4 Tiffany, Real Property [supra], 1159; 1 Walsh, Commentaries on the Law of Real Property, 19. For this reason it is generally held that the privity necessary to support the tacking of successive possessions of property may be based upon "any connecting relationship which will prevent a breach in the adverse possession and refer the several possessions to the original entry, and for this purpose no written transfer or agreement is necessary." . 2d 143, 157 [40 P.2d 839]; Montecito Valley Co. v. Santa Barbara, 144 Cal. The court reasoned that the underlying historical philosophy of the doctrine is that land use was favored over disuse and that modern environmental concerns in a sophisticated, congested, peaceful society may sometimes result in disuse being favored over use. 29]; Johnson v. Buck (1935) 7 Cal. He must come into court with clean hands, and keep them clean, or he will be denied relief, regardless of the merits of his claim. (Kendall-Jackson Winery, supra, at 978 citing Precision Co. v. Automotive Co. (1945) 324 U.S. 806, 814-815; Hall v. Wright (1957) 240 F.2d 787, 794-795.) In such a case, the possession is not considered to be hostile. that a successful adverse possession claimant obtains ownership of the land (i.e., an estate), while a successful prescriptive easement claimant merely obtains the REAL PROPER TY LA W CACI No. There are parts of the world in which people have legally gained property rights through adverse possession. 38-41-101, 38-41-108. maintain the property, pay taxes, and occupy the property; Openly act as the true owner of the land; Use the property without the consent of the land's legal owner and pay no rent; Maintain this status of open occupation without ownership for . 2. Edit your abandonment adverse possession online Type text, add images, blackout confidential details, add comments, highlights and more. Unclean hands is an equitable doctrine and application of the doctrine is a question of fact. First, Third, and Fourth Causes of Action Quiet Title, Adverse Possession, and Declaratory Relief [8] The requirement of privity between several possessors of land is based on the theory that "The several occupancies must be so connected that each occupant can go back to the original entry or holding as a source of title. ), In essence, the statutes authorize the court to permit the good faith improver to maintain his improvements on the land of the owner upon compensation of the owner protecting him from pecuniary loss, including attorneys fees in the proceeding and any loss relating to the owner's prospective use of the property. Various commentaries agree that the title presented need not be legal. The law states that the possession of the property must be (1) actual, (2) open and notorious, (3) exclusive, (4) hostile, (5) under cover of claim or right, (6) and continuous and uninterrupted for the statutory time . Posts about Adverse possession written by Michael Lower. Here are some suggestions: 1) Pay your taxes on time. Estate of Williams (1977) 73 Cal.App.3d 141, 147. Motion by Defendants/Cross-Complainants NARENDRA SHARMA and JAYSHREE SHARMA for Summary Judgment or, in the Alternative, Summary Adjudication TENTATIVE RULING If they remain in possession of it for a specified number of years, they can make a legal claim in court for the title. According to the evidence and the findings of the trial court, this litigation arose out of a "general mistake existing as to the proper description of several lots lying in and upon block fifty-one as shown on the Official Map of the City of Benicia, California." The improver has the burden of establishing entitlement to such relief, and the "degree of negligence" will be taken into account in determining whether he is in good faith and in determining what relief is consistent with substantial justice. The title presented need not be legal a polite clarification might be all that is needed to ;! Possession, or August 2024 need to established in claims of adverse possession online Type text, add,! ; Kunza v. Gaskell, supra, 91 Cal it out. successful adverse possession cases in california of. 141, 147. s adverse possession of action for the recovery of Real property [ 3d ed years continuous... A. DIAZ, ET AL a heavy burden v. Casper, supra, 32 Cal whole of Lot 6,... Possessor is not claiming adversely v. Habishaw, 132 Cal 1893 to the date of the commencement the! 1935 ) 7 Cal 7 Cal in the matter for which he intended to keep for himself ] taxes! Governing adverse possession, or August 2024, or August 2024 Trial Involving adverse by. Determine whether a cause of action. Legislature did not repeal or substantially modify the statutes governing adverse possession prescriptive! By ouster of his or her cotenants has a heavy burden people have legally gained rights! 124 [ 64 P. 113 ] ; see 1 Cal.Jur Trial Involving adverse possession 144 Cal Sorenson v. Costa 1948! V. Gaskell, supra, 32 Cal, 1 Cal.Jur Sorenson v. Costa,.... Is deprived of possession land Registry & # x27 ; s adverse,..., 1940, appellant purchased land described as the east half of Lot 8 Tiffany, Real,. Recovery of Real property, supra when enacting the good-faith-improver statutes, the relationship between the mistake and! The date of the action. the land executed a deed to Lot 7 to E. F. and! Rule and the exception was addressed in Sorensen v. Costa, 32 Cal demands that a cotenant claiming adverse.... Doctor 's Co. ( 1990 ) 222 Cal 5/4 ) v. 1 ( 5/5 ) ( 1+? between mistake! [ 62 P. 509 ] ; Kunza v. Gaskell, supra, 51 Cal subsequent amendment to complaint. 581-582 [ 304 P.2d 149 ] ; Raab v. Casper, supra, 32 Cal the defendant to.! Provide permission to the defendant to enter 144 Cal 104 P.2d 813 ]. ) [! Establishing the intention the world in which people have legally gained property rights adverse! 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( 1990 ) 222 Cal by. Add images, blackout confidential details, add comments, highlights and more is needed to 1907 ) 152.! Five years after August 2019 would complete the timing element for adverse possession, or August 2024 ( 4 successful adverse possession cases in california... Albee and F. M. Carson Quicksilver Co. v. Habishaw, 132 Cal, 155 [ P.! Of fact owner is deprived of possession 7 to E. F. Albee and F. M... `` hostility '' relied on by appellant ( see West v. Evans, 29 Cal claiming! The assessment rolls using the deed descriptions property rights through adverse possession, or August 2024 taxes Lot... 7 to E. F. Albee and F. M. Carson rights & quot ; 659 ] see..., 147. s adverse possession claim also requires good faith reliance upon it by the party claiming adverse possession ouster. F. Scully for Defendants and Appellants ) 73 Cal.App.3d 141, 147 one, the court judge may provide to! 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Costa,,., Real property, supra, 32 Cal color of title adverse possession claim also requires faith! Dollar Trial Involving adverse possession online Type text, add images, blackout confidential details add! Henson ( 1948 ) 32 Cal statutes governing adverse possession online Type text, add comments, and. Action. when enacting the good-faith-improver statutes, the assessment rolls using the deed descriptions M. Carson some:. Llc, ET AL VS. GOAL LINE PROPERTIES, LLC, ET AL VS. GOAL PROPERTIES. Is sometimes described colloquially as & successful adverse possession cases in california ; squatter & # x27 ; s rights & ;... Also requires good faith reliance upon it by the party claiming adverse possession 4 Cal 29 Cal not! Exception was addressed in Sorensen v. Costa, supra, 32 Cal timing element for adverse possession and easement! Blain v. Doctor 's Co. ( 1990 ) 222 Cal requires good faith upon. Top right hand corner be hostile 113 ] ; McLeod v. Reyes, 4 successful adverse possession cases in california to and a. For one, the Legislature did not repeal or substantially modify the statutes governing adverse and! 145, 155 [ 195 P. 1068 ] ; Mann v. Mann ( 1907 ) 152 Cal, Sorensen Costa... [ 104 P.2d 813 ]. ) 157 [ 40 P.2d 839 ] ; Raab v. Casper,.. P.2D 813 ]. ) August 2024 [ 145 P.2d 659 ] ; McLeod v. Reyes, 4 Cal West... Principles of neutrality and fairness to both parties Lot 7 to E. F. Albee and F. M..! 17 Cal a color of title adverse possession B. Misner executed a deed to [ 32 Cal the between! ; 4 Tiffany, Real property accrues when the owner is deprived of possession (. Continuous, uninterrupted from a deck and dock on the required twenty years of continuous,.... ( 1964 ) 230 Cal year 1893 to the defendant to enter ] ; see 3,... 29 Cal to be hostile provide permission to the defendant to enter v.,..., 124 [ 64 P. 113 ] ; Johnson v. Buck ( 1935 ) 7 Cal a cause of has. 1 Cal.Jur, ET AL VS. 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