SECTIONS 7951-7958 - California Statutes

PUBLIC RESOURCES CODE

SECTION 7951-7958

7951. When payment has been made in full for any lands which were
public lands of the State and a patent has been issued therefor, and
the purchaser or his successor in interest has, for a period of five
years, been in possession, claiming under such patent the lands
intended to be described therein and thereby, but which lands are
incorrectly described in the patent, the person so in possession of
the lands may have a new and correct survey made of the lands covered
by the patent. The plat or map and field-notes constituting the
survey shall be made and certified by the county surveyor of the
county in which the land is located or by any other surveyor licensed
by the State.

7952. After the map or plat and field-notes constituting the survey
have been made, the field-notes and the map or plat shall be
submitted to the commission for approval. If approved by it, the
commission shall so certify and a copy of the map or plat and
field-notes shall be filed in the office of the commission and a copy
recorded in the office of the county recorder of the county in which
the land is situated. Such map or plat shall thereafter be the
official map or plat of the land so surveyed.

7953. After the filing and recording of the map or plat and
field-notes, the purchaser or his successors in interest holding
lands under such patent may file a verified petition in the superior
court of the county in which all or the greater part of the property
is located for the correction of the errors in the description. He
shall set forth a copy of the patent in the petition, together with a
statement showing a correct description of the lands intended to be
described therein as is shown upon the plat or map and field-notes,
and shall pray that a decree be entered by the court confirming the
descriptions as so amended.

7954. Upon the filing of the petition, the court shall set a day
for the hearing thereof not less than 20 days from the date of the
filing of the petition. A copy of the petition and of the order
fixing time of hearing shall be served upon all owners of lands which
are or may be affected by the decree of confirmation at least 10
days before the hearing and such owners may appear upon the day fixed
and oppose the petition.

7955. If, after the hearing, the court is satisfied that the
descriptions as corrected are the true descriptions, it shall render
a decree confirming the descriptions, which thereafter shall have the
same effect as if the patent described the land in accordance with
the corrected descriptions.

7956. The cost of making the survey, map or plat and field-notes
and all other necessary costs incurred in a suit brought under this
article shall be apportioned among the petitioners and owners of
lands affected by the decree in such proportions as the court may
deem equitable.

7957. Certified copies of the decree entered in the suit shall be
filed in the office of the county recorder and in the office of the
commission.

7958. Any number of land owners whose lands are contiguous or would
be affected by the decree may unite in one petition under this
article.