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Cal. Civil Code § 1007 (2026)

✓ current as of May 2026
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Occupancy for the period prescribed by the Code of Civil Procedure as sufficient to bar any action for the recovery of the property confers a title thereto, denominated a title by prescription, which is sufficient against all, but no possession by any person, firm or corporation no matter how long continued of any land, water, water right, easement, or other property whatsoever dedicated to a public use by a public utility, or dedicated to or owned by the state or any public entity, shall ever ripen into any title, interest or right against the owner thereof.

Notes of Decisions
Cited in 78 cases (10 in the last 5 years), 1942–2024 · leading case: Marin Healthcare Dist. v. Sutter Health, 2002 Cal. Daily Op. Serv. 11167 (Cal. Ct. App. 2002).
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Marin Healthcare Dist. v. Sutter Health, 2002 Cal. Daily Op. Serv. 11167 (Cal. Ct. App. 2002). · cites it 3× “Indeed, Civil Code section 1007 was amended in 1935 to codify this by prohibiting the acquisition of title by adverse possession of any public-use property, no matter how long the property is occupied.”
City of Santa Maria v. Adam, 42 Envtl. L. Rep. (Envtl. Law Inst.) 20241 (Cal. Ct. App. 2012). “Laches and Nonuse The LOG parties maintain that the statute of limitations or the doctrine of laches bars claims of prescription arising from actions taken over 30 years ago. We reject the argument because the prescription doctrine does not require the adverse claimant to take…”
Alcaraz v. Vece, 929 P.2d 1239 (Cal. 1997). · cites it 2× “Not only are the facts here wholly insufficient to constitute a hostile, open and notorious occupation of the City's land under a claim of right, but the property on which the activity took place belongs to a public entity (the City) and therefore a disseisor may not gain title…”
People v. Shirokow, 605 P.2d 859 (Cal. 1980). · cites it 2× “Section 1007 was amended to its present form in 1968 and the protection from loss by prescription extends to any "water, water rights, .”
Drescher v. Malee, 2022 MT 200 (Mont. 2022). · cites it 4× “Code § 318 and Cal. Civ. Code § 1007 ); San Francisco Credit Clearing House v.”
City of Los Angeles v. City of San Fernando, 537 P.2d 1251 (Cal. 1975). · cites it 3× “The court expressly found and concluded that its award of mutually prescriptive rights is not barred by *221 Civil Code section 1007 (relied on by plaintiff as immunizing cities from prescription).”
Nielsen v. Gibson, 178 Cal. App. 4th 318 (Cal. Ct. App. 2009). “753, 787 [California adverse possession predates its 1872 codification, and the “circumstances which constitute prescription [are] to be determined by the settled law of the land as it stood before the Code”]; Civ. Code, § 1007.) Gibson has failed to show error.”
Taormino v. Denny, 463 P.2d 711 (Cal. 1970). · cites it 4× “(Civ. Code, § 1007.) [5] *687 Plaintiff contends that none of the requisite elements of adverse possession exist.”
Hansen v. Sandridge Partners, L.P., 232 Cal. Rptr. 3d 247 (Cal. Ct. App. 5th 2018). “" ( Civ. Code, § 1007.) The process of acquiring an estate by prescription is called adverse possession.”
Hagman v. Meher Mount Corp., 215 Cal. App. 4th 82 (Cal. Ct. App. 2013). · cites it 2× “3 (Civ. Code, § 1007; Marin Healthcare Dist.”
State of California v. Superior Court (Fogerty), 625 P.2d 256 (Cal. 1981). · cites it 2× “) The monumental evidentiary problem which would be created by measuring the boundary line between public and private ownership in accordance with the water level which existed prior to the construction of these dams provides a convincing justification for accepting the current…”
Brewer v. Murphy, 74 Cal. Rptr. 3d 436 (Cal. Ct. App. 2008). “Essential Elements of a Prescriptive Rights Claim The elements that create a claim of prescriptive water right, like a claim for prescriptive easement, include use that is (1) actual, (2) open and notorious, (3) hostile and adverse to the original owner, (4) continuous and…”
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