§ 751.23.Notice of Ownership and Claim to Real Property Under the Destroyed Records Relief Law

Title 10. Actions In Particular Cases · Chapter 3.5. Actions to Re-establish Destroyed Land Records · Enacted 1953 · no amendments on record · Last verified July 28, 2026

In one sentenceSection 751.23 lets a person who is or claims to be an owner of real property whose title could be established or quieted under this chapter record, in the county recorder's office, a statutory notice of ownership and claim identifying the property, the character of the claimed interest, and how it was acquired.

Full Text of § 751.23

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Where the title to real property may be established or quieted pursuant to this chapter, any person who is or claims to be the owner of such real property or of any interest therein or lien thereon, by himself or by his agent duly authorized by letter of attorney theretofore recorded in the office of the county recorder of the county where the property is situated, may sign, verify, and file for record in the office of the county recorder a notice in substantially the following form: "Notice of Ownership and Claim to Real Property Under the Destroyed Records Relief Law "Notice is hereby given that ____ (here insert name of claimant) ____, whose residence is at ____ (here insert street and number, city or town, county and state of residence), is the owner of an interest in the real property situated in the ____ (here insert name of city if the property be located in a city) ____, county of ____ (here insert name of county or city and county in which property is located) ____, State of California, described as follows: ____ (here insert a particular description of real property) ____. "The character of the interest in the real property owned by the claimant is ____ (here insert description of the character of interest in or lien upon the real property) ____ and the interest was obtained from ____ (here insert the name of the party from whom the interest was obtained) ____, and at the time and in the manner following ____ (here insert time at which and manner in which the interest was acquired) ____."

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Plain-English Summary

This section offers an alternative to filing a lawsuit. Anyone who is, or claims to be, an owner of an interest in or lien on real property eligible for this chapter's procedure can record a Notice of Ownership and Claim to Real Property Under the Destroyed Records Relief Law, either personally or through an agent holding a recorded power of attorney.

The notice has to identify the claimant, the property by particular description, the character of the interest claimed, from whom it was obtained, and when and how it was acquired. Recording this notice doesn't itself establish title — it puts future litigants on notice, under § 751.26, that the claimant's interest exists, which in turn triggers the naming and service requirements of § 751.27 for anyone who later brings a Chapter 3.5 action affecting the same property.

Frequently Asked Questions

Who can record a notice of ownership under this section?

Any person who is, or claims to be, the owner of the property or of an interest in or lien on it, either personally or through a duly authorized agent.

What must the notice include?

The claimant's name and residence, a particular description of the property, the character of the claimed interest, and the source, time, and manner of acquiring it.

Does recording this notice establish the claimant's title?

No. It doesn't decide title by itself. It gives notice under § 751.26, and it triggers the naming and service obligations of § 751.27 for anyone who later brings a re-establishment action affecting the property.

Amendment History

Added by Stats. 1953, Ch. 52.

Source & verification. Section text is reproduced verbatim from the California Legislative Information. Enacted by the California Legislature. Last verified July 28, 2026. · Official source

Also known as: notice of ownership destroyed records relief law california