SECTIONS 871.1-871.7 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 871.1-871.7

871.1. as used in this chapter, "good faith improver" means:
(a) A person who makes an improvement to land in good faith and
under the erroneous belief, because of a mistake of law or fact, that
he is the owner of the land.
(b) A successor in interest of a person described in subdivision
(a).

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

871.3. (a) An action for relief under this chapter shall be treated
as an unlimited civil case, regardless of the amount in controversy
and regardless of whether a defendant cross-complains for relief
under this chapter. Any other case in which a defendant
cross-complains for relief under this chapter shall be treated as a
limited civil case if the cross-complaint is defensive and the case
otherwise satisfies the amount in controversy and other requirements
of Section 85.
(b) In every case, the burden is on the good faith improver to
establish that the good faith improver is entitled to relief under
this chapter, and the degree of negligence of the good faith improver
should be taken into account by the court in determining whether the
improver acted in good faith and in determining the relief, if any,
that is consistent with substantial justice to the parties under the
circumstances of the particular case.

871.4. 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.

871.5. 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.

871.6. Nothing in this chapter affects the rules of law which
determine the relief, if any, to be granted when a person constructs
on his own land an improvement which encroaches on adjoining land.

871.7. (a) This chapter does not apply where the improver is a
public entity or where the improvement is made to land owned or
possessed by a public entity. As used in this section, "public entity"
includes the United States, a state, county, city and county, city,
district, public authority, public agency, or any other political
subdivision or public corporation.
(b) This chapter does not apply where the owner of the land upon
which the improvement is constructed has appropriated the land to a
public use and could have acquired the land for that use by
exercising the power of eminent domain.