Tobin

In this action we are asked to determine whether an owner of record title to real property can prevail in a quiet title and ejectment action against a defendant who claims he has been in possession of the property for more than 10 years but who cannot establish title to the property by adverse possession because he failed to pay any taxes assessed against the property. We find that he can and affirm the judgment.

Plaintiff Donald R. Tobin filed this action against defendant Thomas W. Stevens on August 21, 1985. Judgment in favor of plaintiff was entered after the trial court granted his motion for summary judgment.

*948 In his cause of action to quiet title, plaintiff alleges he is the sole owner of fee simple title to real property located in the City and County of San Francisco at 1889 Oak Street. As a basis for his title, he alleges a grant deed from C. Ernest Bjorklund to plaintiff dated June 21, 1985, which was recorded in the official records of the City and County of San Francisco on July 3, 1985. Plaintiff further alleges he “was seised of the above-described property within five years of the commencement of the action” and that defendant claims to hold title to…