California Court of Appeal

Judgment quieting title of disputed property to plaintiff is affirmed, where: 1) defendant nonprofit religious organization's status as a "public benefit corporation" does not make it a "public entity" immune from adverse possession under Civil Code section 1007; 2) a nonprofit religious organization's "welfare exemption" from property taxes means that no such taxes were "levied and assessed" on the property during the years it qualified for the exemption; and thus, 3) under the plain and binding language of Code of Civil Procedure Code section 325, the adverse possessor is consequently excused from the usual requirement that he pay taxes on the disputed land for five years.

Appellate Information

• Decided 04/03/2013
• Published 04/03/2013

Judges

• HOFFSTADT

Court

• California Court of Appeal

Counsel