Adverse Possession Between Public Entities: A Loophole Or A Pipedream

A question that arises with some frequency in our practice is whether a public entity can adversely possess a property interest against another public entity. The general rule of thumb is that a private entity cannot obtain an interest in real property owned by a public entity through adverse possession. This rule is in part based off of the long-established principle nullum tempus occurrit regi, which means "time does not run against the king."

In California, this common law principle has been affirmed and reaffirmed for over a century in our courts and has been codified by the legislature in California Civil Code section 1007 which reads, in part, that "no possession by any person, firm or corporation" of land owned by the state or any public entity can ripen into any title, interest or right against the owner.