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HomeEvidence CodeDiv. 11Ch. 3§ 1604 Land Ownership Certificates Evidence

§ 1604 Land Ownership Certificates Evidence

Evidence Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 1604 Land Ownership Certificates Evidence

Key Takeaways

  • •If you have a special paper (certificate) saying you bought or claimed land, it usually means you own that land.
  • •But if someone else was already using that land before you got your paper, they might still have a right to it.
  • •If someone was mining on that land before you got your paper, they might still have a right to it.

Example

You get a paper saying you own a piece of land, but someone else has been farming on it for years.

Even though you have the paper, the person farming might still have a right to the land because they were using it before you got your paper.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 1604 Land Ownership Certificates Evidence

A certificate of purchase, or of location, of any lands in this state, issued or made in pursuance of any law of the United States or of this state, is prima facie evidence that the holder or assignee of such certificate is the owner of the land described therein; but this evidence may be overcome by proof that, at the time of the location, or time of filing a preemption claim on which the certificate may have been issued, the land was in the adverse possession of the adverse party, or those under whom he claims, or that the adverse party is holding the land for mining purposes. (Enacted by Stats. 1965, Ch. 299.)

Last verified: January 22, 2026

Key Terms

certificate of purchasecertificate of locationprima facie evidenceadverse possessionmining purposes

Related Statutes

  • § 1600 Recorded Property Document Evidence
  • § 1603 Deed Conveyance Evidence Presumption
  • § 602 Prima Facie Evidence Presumption
  • § 1150 Jury Verdict Impeachment Evidence
  • § 1151 Post-Accident Safety Measures

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Evidence Code. Section 1604.
View Official Source