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These California land grants were made by Spanish (1784–1821) and Mexican (1822–1846) authorities of Las Californias and Alta California to private individuals before California became part of the United States of America. [1] Under Spain, no private land ownership was allowed, so the grants were more akin to free leases.
California Senator William M. Gwin presented a bill that was approved by the Senate and the House and became law on March 3, 1851. [2]: 100 [1] [3]That for the purpose of ascertaining and settling private land claims in the State of California, a commission shall be, and is hereby, constituted, which shall consist of three commissioners, to be appointed by the President of the United States ...
This rule is exemplified in circumstances like the Holocaust reconciliation movement, where property, such as works of art, stolen or confiscated by the Nazis was returned to the families of the original owners. Anyone who purchased the art or thought they had ownership was denied any rights over the litigious property due to the nemo dat rule.
Torrens title is a land registration and land transfer system in which a state creates and maintains a register of land holdings, which serves as the conclusive evidence (termed "indefeasibility") of title of the person recorded on the register as the proprietor (owner), and of all other interests recorded on the register.
The California Alien Land Law of 1920 continued the 1913 law while filling many of its loopholes. Among the loopholes filled were that the leasing of land for a period of three years or less was no longer allowed; owning of stock in companies that acquired agricultural land was forbidden; and guardians or agents of ineligible aliens were required to submit an annual report on their activities.
Adverse possession in common law, and the related civil law concept of usucaption (also acquisitive prescription or prescriptive acquisition), are legal mechanisms under which a person who does not have legal title to a piece of property, usually real property, may acquire legal ownership based on continuous possession or occupation without the permission of its legal owner.
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Examples are those getting the property as a gift and heirs. Also, those who purchase ownership interests in the owners of the property, such as shares of stock in a corporation owning the land, have not purchased an interest in the property itself and so are unprotected. Also, recording laws generally do not protect purchasers against real ...