§ 1323 Boundary Statement Evidence

Evidence Code·California

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Key Takeaways

•If someone who knows about land boundaries can't come to court, their old statement about the boundaries can still be used as evidence.
•The statement must be trustworthy—if it seems like the person was lying or guessing, it won’t count.
•This only applies to land boundaries, not other topics.

Example

A farmer told his neighbor 20 years ago where their property line was, but now the farmer is too sick to testify in court.

If the farmer really knew the boundaries and wasn’t just making it up, his old statement can be used in court to prove where the line is.

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

Official Source

View on CA.gov

§ 1323 Boundary Statement Evidence

Evidence of a statement concerning the boundary of land is not made inadmissible by the hearsay rule if the declarant is unavailable as a witness and had sufficient knowledge of the subject, but evidence of a statement is not admissible under this section if the statement was made under circumstances such as to indicate its lack of trustworthiness. (Enacted by Stats. 1965, Ch. 299.)

Last verified: January 22, 2026

Key Terms

hearsay rule boundary of land declarant unavailable as a witness sufficient knowledge lack of trustworthiness

References

Official text at leginfo.legislature.ca.gov
California Legislature. Evidence Code. Section 1323.

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Key Takeaways

Example

Key Terms

Related Statutes

References