California § 871.4. 871.4. (Added by Stats. 1968, Ch. 150.)

California Statutes

§ 871.4. — 871.4. (Added by Stats. 1968, Ch. 150.)

California § 871.4.

JurisdictionCalifornia

Code CCPCode of Civil Procedure - CCP

Title10.

Part 2.TITLE 10. ACTIONS IN PARTICULAR CASES

Ch. 10.CHAPTER 10. Good Faith Improver of Property Owned by Another

This text of California § 871.4. (871.4. (Added by Stats. 1968, Ch. 150.)) is published on Counsel Stack Legal Research, covering California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cal. Code of Civil Procedure - CCP Code § 871.4. (2026).

Text

The court shall not grant relief under this chapter if the court determines that exercise of the good faith improver’s right of setoff under Section 741 of the Code of Civil Procedure or right to remove the improvement under Section 1013.5 of the Civil Code would result in substantial justice to the parties under the circumstances of the particular case. In determining whether removal of the improvement would result in substantial justice to the parties under the circumstances of the particular case, the court shall take into consideration any plans the owner of the land may have for the use or development of the land upon which the improvement was made and his need for the
 land upon which the improvement was made in connection with the use or development of other property owned by him.

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The court shall not grant relief under this chapter if the court determines that exercise of the good faith improver’s right of setoff under Section 741 of the Code of Civil Procedure or right to remove the improvement under Section 1013.5 of the Civil Code would result in substantial justice to the parties under the circumstances of the particular case. In determining whether removal of the improvement would result in substantial justice to the parties under the circumstances of the particular case, the court shall take into consideration any plans the owner of the land may have for the use or development of the land upon which the improvement was made and his need for the
land upon which the improvement was made in connection with the use or development of other property owned by him.