Section § 789

Explanation

If you're renting a place or have some other temporary living arrangement without a fixed end date, your landlord can end this arrangement by giving you a written notice. This notice must follow certain legal requirements and give you at least 30 days to move out.

A tenancy or other estate at will, however created, may be terminated by the landlord’s giving notice in writing to the tenant, in the manner prescribed by Section 1162 of the Code of Civil Procedure, to remove from the premises within a period of not less than 30 days, to be specified in the notice.

Section § 789.3

Explanation

This law states that landlords cannot intentionally cut off essential services like water and electricity, or block access to a rental property, to force a tenant to leave. It also prohibits landlords from taking a tenant's belongings without permission. If a landlord breaks these rules, they can be sued for damages, and a tenant can ask the court to stop the landlord's actions. Tenants can also recover legal fees if they win. These rules don't stop lawful evictions through proper legal processes.

(a)CA Civil Law Code § 789.3(a) A landlord shall not with intent to terminate the occupancy under any lease or other tenancy or estate at will, however created, of property used by a tenant as his residence willfully cause, directly or indirectly, the interruption or termination of any utility service furnished the tenant, including, but not limited to, water, heat, light, electricity, gas, telephone, elevator, or refrigeration, whether or not the utility service is under the control of the landlord.
(b)CA Civil Law Code § 789.3(b) In addition, a landlord shall not, with intent to terminate the occupancy under any lease or other tenancy or estate at will, however created, of property used by a tenant as his or her residence, willfully:
(1)CA Civil Law Code § 789.3(b)(1) Prevent the tenant from gaining reasonable access to the property by changing the locks or using a bootlock or by any other similar method or device;
(2)CA Civil Law Code § 789.3(b)(2) Remove outside doors or windows; or
(3)CA Civil Law Code § 789.3(b)(3) Remove from the premises the tenant’s personal property, the furnishings, or any other items without the prior written consent of the tenant, except when done pursuant to the procedure set forth in Chapter 5 (commencing with Section 1980) of Title 5 of Part 4 of Division 3.
Nothing in this subdivision shall be construed to prevent the lawful eviction of a tenant by appropriate legal authorities, nor shall anything in this subdivision apply to occupancies defined by subdivision (b) of Section 1940.
(c)CA Civil Law Code § 789.3(c) Any landlord who violates this section shall be liable to the tenant in a civil action for all of the following:
(1)CA Civil Law Code § 789.3(c)(1) Actual damages of the tenant.
(2)CA Civil Law Code § 789.3(c)(2) An amount not to exceed one hundred dollars ($100) for each day or part thereof the landlord remains in violation of this section. In determining the amount of such award, the court shall consider proof of such matters as justice may require; however, in no event shall less than two hundred fifty dollars ($250) be awarded for each separate cause of action. Subsequent or repeated violations, which are not committed contemporaneously with the initial violation, shall be treated as separate causes of action and shall be subject to a separate award of damages.
(d)CA Civil Law Code § 789.3(d) In any action under subdivision (c) the court shall award reasonable attorney’s fees to the prevailing party. In any such action the tenant may seek appropriate injunctive relief to prevent continuing or further violation of the provisions of this section during the pendency of the action. The remedy provided by this section is not exclusive and shall not preclude the tenant from pursuing any other remedy which the tenant may have under any other provision of law.

Section § 790

Explanation

Once a landlord gives proper notice to a tenant and the time given in that notice has passed, the landlord can take legal action to get their property back.

After such notice has been served, and the period specified by such notice has expired, but not before, the landlord may reënter, or proceed according to law to recover possession.

Section § 791

Explanation

This law says that if a property owner (grantor or lessor) has the right to take back their property under a contract, they can do so after giving three days’ notice. However, no notice is needed if the rental agreement didn't specify a length of time, and it was ended according to Section 1946 of the Civil Code.

Whenever the right of reentry is given to a grantor or a lessor in any grant or lease or otherwise, such reentry may be made at any time after the right has accrued, upon three days’ notice, as provided in sections 1161 and 1162, Code of Civil Procedure; provided, however, that the said three days’ notice shall not be required in cases where the hiring of real property is for a term not specified by the parties and where such hiring was terminated under and in accordance with the provisions of section 1946 of the Civil Code.

Section § 792

Explanation

This law section points out that there's a specific set of rules in the Code of Civil Procedure that deals with situations where someone has taken over property by force or is keeping it unlawfully. If you need to get your property back from someone who is occupying it without your permission, the details are covered in another part of the law, specifically Sections 1159 to 1175.

Summary proceedings for obtaining possession of real property forcibly entered, or forcibly and unlawfully detained, are provided for in Sections 1159 to 1175, both inclusive, of the Code of Civil Procedure.

Section § 793

Explanation

If someone has the right to take back a property they've leased to someone else, they can go to court to reclaim it anytime after that right kicks in. They don't need to give the warning notice that's usually required in these situations.

An action for the possession of real property leased or granted, with a right of re-entry, may be maintained at any time, after the right to re-enter has accrued, without the notice prescribed in section seven hundred and ninety-one.

Section § 840

Explanation

If you own a life estate, you are responsible for maintaining buildings and fences to prevent typical wear and tear, paying regular taxes and yearly fees, and covering a fair share of unexpected costs that improve the entire property.

The owner of a life estate must keep the buildings and fences in repair from ordinary waste, and must pay the taxes and other annual charges, and a just proportion of extraordinary assessments benefiting the whole inheritance.

Section § 841

Explanation

If you live next to someone else, you both have to maintain the boundary markers and shared fences between your properties. Normally, you're both responsible for half the costs of things like building, fixing, or replacing these fences unless you have a different agreement in writing. If you plan to work on a shared fence, you need to tell your neighbor 30 days ahead with details about the problem, the fix, costs, how costs will be split, and when the work will happen. This shared cost rule can be challenged if it's unfair, based on factors like financial strain or unreasonable expenses. A court could then decide on a different cost-sharing arrangement. 'Landowner' refers to anyone holding property rights, excluding government entities.

(a)CA Civil Law Code § 841(a) Adjoining landowners shall share equally in the responsibility for maintaining the boundaries and monuments between them.
(b)Copy CA Civil Law Code § 841(b)
(1)Copy CA Civil Law Code § 841(b)(1) Adjoining landowners are presumed to share an equal benefit from any fence dividing their properties and, unless otherwise agreed to by the parties in a written agreement, shall be presumed to be equally responsible for the reasonable costs of construction, maintenance, or necessary replacement of the fence.
(2)CA Civil Law Code § 841(b)(2) Where a landowner intends to incur costs for a fence described in paragraph (1), the landowner shall give 30 days’ prior written notice to each affected adjoining landowner. The notice shall include notification of the presumption of equal responsibility for the reasonable costs of construction, maintenance, or necessary replacement of the fence. The notice shall include a description of the nature of the problem facing the shared fence, the proposed solution for addressing the problem, the estimated construction or maintenance costs involved to address the problem, the proposed cost sharing approach, and the proposed timeline for getting the problem addressed.
(3)CA Civil Law Code § 841(b)(3) The presumption in paragraph (1) may be overcome by a preponderance of the evidence demonstrating that imposing equal responsibility for the reasonable costs of construction, maintenance, or necessary replacement of the fence would be unjust. In determining whether equal responsibility for the reasonable costs would be unjust, the court shall consider all of the following:
(A)CA Civil Law Code § 841(b)(3)(A) Whether the financial burden to one landowner is substantially disproportionate to the benefit conferred upon that landowner by the fence in question.
(B)CA Civil Law Code § 841(b)(3)(B) Whether the cost of the fence would exceed the difference in the value of the real property before and after its installation.
(C)CA Civil Law Code § 841(b)(3)(C) Whether the financial burden to one landowner would impose an undue financial hardship given that party’s financial circumstances as demonstrated by reasonable proof.
(D)CA Civil Law Code § 841(b)(3)(D) The reasonableness of a particular construction or maintenance project, including all of the following:
(i)CA Civil Law Code § 841(b)(3)(D)(i) The extent to which the costs of the project appear to be unnecessary or excessive.
(ii)CA Civil Law Code § 841(b)(3)(D)(ii) The extent to which the costs of the project appear to be the result of the landowner’s personal aesthetic, architectural, or other preferences.
(E)CA Civil Law Code § 841(b)(3)(E) Any other equitable factors appropriate under the circumstances.
(4)CA Civil Law Code § 841(b)(4) Where a party rebuts the presumption in paragraph (1) by a preponderance of the evidence, the court shall, in its discretion, consistent with the party’s circumstances, order either a contribution of less than an equal share for the costs of construction, maintenance, or necessary replacement of the fence, or order no contribution.
(c)CA Civil Law Code § 841(c) For the purposes of this section, the following terms have the following meanings:
(1)CA Civil Law Code § 841(c)(1) “Landowner” means a private person or entity that lawfully holds any possessory interest in real property, and does not include a city, county, city and county, district, public corporation, or other political subdivision, public body, or public agency.
(2)CA Civil Law Code § 841(c)(2) “Adjoining” means contiguous to or in contact with.

Section § 841.4

Explanation

If you build a fence or structure over 10 feet high just to bother your neighbor, it's considered a private nuisance. The neighbor affected by this can take legal action to stop it.

Any fence or other structure in the nature of a fence unnecessarily exceeding 10 feet in height maliciously erected or maintained for the purpose of annoying the owner or occupant of adjoining property is a private nuisance. Any owner or occupant of adjoining property injured either in his comfort or the enjoyment of his estate by such nuisance may enforce the remedies against its continuance prescribed in Title 3, Part 3, Division 4 of this code.

Section § 843

Explanation

This law explains what happens when two or more people own a property together and one person is being kept out of the property by another owner. If you're the owner who's kept out, you can send a letter to the other owner asking to share the property. If they don't let you in within 60 days, they're considered to be keeping you out unfairly, which is called 'ouster.' Then, you can take legal action for damages. But, if there's a previous agreement about who gets to use the property, this law won't apply. All parties can also agree on new terms, like one person paying rent if they are using the property alone.

(a)CA Civil Law Code § 843(a) If real property is owned concurrently by two or more persons, a tenant out of possession may establish an ouster from possession by a tenant in possession in the manner provided in this section. This section does not apply to the extent the tenant out of possession is not entitled to possession or an alternative remedy is provided under the terms of an agreement between the cotenants or the instrument creating the cotenancy or another written instrument that indicates the possessory rights or remedies of the cotenants. This section supplements and does not limit any other means by which an ouster may be established.
(b)CA Civil Law Code § 843(b) A tenant out of possession may serve on a tenant in possession a written demand for concurrent possession of the property. The written demand shall make specific reference to this section and to the time within which concurrent possession must be offered under this section. Service of the written demand shall be made in the same manner as service of summons in a civil action. An ouster is established 60 days after service is complete if, within that time, the tenant in possession does not offer and provide unconditional concurrent possession of the property to the tenant out of possession.
(c)CA Civil Law Code § 843(c) A claim for damages for an ouster established pursuant to this section may be asserted by an independent action or in an action for possession or partition of the property or another appropriate action or proceeding, subject to any applicable statute of limitation.
(d)CA Civil Law Code § 843(d) Nothing in this section precludes the cotenants, at any time before or after a demand is served, from seeking partition of the property or from making an agreement as to the right of possession among the cotenants, the payment of reasonable rental value in lieu of possession, or any other terms that may be appropriate.

Section § 845

Explanation

If you own a private pathway, you must keep it in good condition. If multiple people own it, they share the repair costs based on how much they use it, unless they have an agreement saying otherwise. If someone doesn't pay their share, others can take them to court. Small claims court can be used if the amount is small. Alternatively, they can go to superior court for larger amounts, which may involve arbitration. Snow removal is considered a maintenance task if needed for access and not specifically excluded in agreements. This rule doesn't apply to railroad pathways.

(a)CA Civil Law Code § 845(a) The owner of any easement in the nature of a private right-of-way, or of any land to which any such easement is attached, shall maintain it in repair.
(b)CA Civil Law Code § 845(b) If the easement is owned by more than one person, or is attached to parcels of land under different ownership, the cost of maintaining it in repair shall be shared by each owner of the easement or the owners of the parcels of land, as the case may be, pursuant to the terms of any agreement entered into by the parties for that purpose. In the absence of an agreement, the cost shall be shared proportionately to the use made of the easement by each owner.
(c)CA Civil Law Code § 845(c) If any owner refuses to perform, or fails after demand in writing to pay the owner’s proportion of the cost, an action to recover that owner’s share of the cost, or for specific performance or contribution, may be brought by the other owners, either jointly or severally. The action may be brought before, during, or after performance of the maintenance work, as follows:
(1)CA Civil Law Code § 845(c)(1) The action may be brought in small claims court if the amount claimed to be due as the owner’s proportion of the cost does not exceed the jurisdictional limit of the small claims court. A small claims judgment shall not affect apportionment of any future costs that are not requested in the small claims action.
(2)CA Civil Law Code § 845(c)(2) Except as provided in paragraph (1), the action shall be filed in superior court and, notwithstanding Section 1141.13 of the Code of Civil Procedure, the action shall be subject to judicial arbitration pursuant to Chapter 2.5 of Title 3 of Part 3 (commencing with Section 1141.10) of the Code of Civil Procedure. A superior court judgment shall not affect apportionment of any future costs that are not requested in the action, unless otherwise provided in the judgment.
(3)CA Civil Law Code § 845(c)(3) In the absence of an agreement addressing the maintenance of the easement, any action for specific performance or contribution shall be brought in a court in the county in which the easement is located.
(4)CA Civil Law Code § 845(c)(4) Nothing in this section precludes the use of any available alternative dispute resolution program to resolve actions regarding the maintenance of easements in the small claims court or the superior court.
(d)CA Civil Law Code § 845(d) In the event that snow removal is not required under subdivision (a), or under any independent contractual or statutory duty, an agreement entered into pursuant to subdivision (b) to maintain the easement in repair shall be construed to include snow removal within the maintenance obligations of the agreement if all of the following exist:
(1)CA Civil Law Code § 845(d)(1) Snow removal is not expressly precluded by the terms of the agreement.
(2)CA Civil Law Code § 845(d)(2) Snow removal is necessary to provide access to the properties served by the easement.
(3)CA Civil Law Code § 845(d)(3) Snow removal is approved in advance by the property owners or their elected representatives in the same manner as provided by the agreement for repairs to the easement.
(e)CA Civil Law Code § 845(e) This section does not apply to rights-of-way held or used by railroad common carriers subject to the jurisdiction of the Public Utilities Commission.

Section § 846

Explanation

This law says that if you own land in California, you generally don't have to keep it safe or warn visitors if they come for recreational activities like hiking or fishing. If you let people use your land for fun, it doesn't mean you guarantee their safety or take responsibility for accidents, unless you act with clear malicious intent or charge a fee for access. Also, if you specifically invite someone onto the land, different rules may apply. There is no new obligation created to maintain safety or assume liability because of this law.

(a)CA Civil Law Code § 846(a) An owner of any estate or any other interest in real property, whether possessory or nonpossessory, owes no duty of care to keep the premises safe for entry or use by others for any recreational purpose or to give any warning of hazardous conditions, uses of, structures, or activities on those premises to persons entering for a recreational purpose, except as provided in this section.
(b)CA Civil Law Code § 846(b) A “recreational purpose,” as used in this section, includes activities such as fishing, hunting, camping, water sports, hiking, spelunking, sport parachuting, riding, including animal riding, snowmobiling, and all other types of vehicular riding, rock collecting, sightseeing, picnicking, nature study, nature contacting, recreational gardening, gleaning, hang gliding, private noncommercial aviation activities, winter sports, and viewing or enjoying historical, archaeological, scenic, natural, or scientific sites.
(c)CA Civil Law Code § 846(c) An owner of any estate or any other interest in real property, whether possessory or nonpossessory, who gives permission to another for entry or use for the above purpose upon the premises does not thereby do any of the following:
(1)CA Civil Law Code § 846(c)(1) Extend any assurance that the premises are safe for that purpose.
(2)CA Civil Law Code § 846(c)(2) Constitute the person to whom permission has been granted the legal status of an invitee or licensee to whom a duty of care is owed.
(3)CA Civil Law Code § 846(c)(3) Assume responsibility for or incur liability for any injury to person or property caused by any act of the person to whom permission has been granted except as provided in this section.
(d)CA Civil Law Code § 846(d) This section does not limit the liability which otherwise exists for any of the following:
(1)CA Civil Law Code § 846(d)(1) Willful or malicious failure to guard or warn against a dangerous condition, use, structure or activity.
(2)CA Civil Law Code § 846(d)(2) Injury suffered in any case where permission to enter for the above purpose was granted for a consideration other than the consideration, if any, paid to said landowner by the state, or where consideration has been received from others for the same purpose.
(3)CA Civil Law Code § 846(d)(3) Any persons who are expressly invited rather than merely permitted to come upon the premises by the landowner.
(e)CA Civil Law Code § 846(e) This section does not create a duty of care or ground of liability for injury to person or property.

Section § 846.1

Explanation

This law section allows property owners and public entities to seek compensation for attorney's fees when they permit public use of their property for recreational purposes and face legal action. They can be reimbursed if the court dismisses the case or if they win. The fees must meet certain limits, such as not exceeding $25,000 in total or the Attorney General's rate. Exceptions are made if the state or public entity provides a legal defense. Overall reimbursement for all claims cannot surpass $200,000 per year.

(a)CA Civil Law Code § 846.1(a) Except as provided in subdivision (c), an owner of any estate or interest in real property, whether possessory or nonpossessory, who gives permission to the public for entry on or use of the real property pursuant to an agreement with a public or nonprofit agency for purposes of recreational trail use, and is a defendant in a civil action brought by, or on behalf of, a person who is allegedly injured or allegedly suffers damages on the real property, may present a claim to the Department of General Services for reasonable attorney’s fees incurred in this civil action if any of the following occurs:
(1)CA Civil Law Code § 846.1(a)(1) The court has dismissed the civil action upon a demurrer or motion for summary judgment made by the owner or upon its own motion for lack of prosecution.
(2)CA Civil Law Code § 846.1(a)(2) The action was dismissed by the plaintiff without any payment from the owner.
(3)CA Civil Law Code § 846.1(a)(3) The owner prevails in the civil action.
(b)CA Civil Law Code § 846.1(b) Except as provided in subdivision (c), a public entity, as defined in Section 831.5 of the Government Code, that gives permission to the public for entry on or use of real property for a recreational purpose, as defined in Section 846, and is a defendant in a civil action brought by, or on behalf of, a person who is allegedly injured or allegedly suffers damages on the real property, may present a claim to the Department of General Services for reasonable attorney’s fees incurred in this civil action if any of the following occurs:
(1)CA Civil Law Code § 846.1(b)(1) The court has dismissed the civil action upon a demurrer or motion for summary judgment made by this public entity or upon its own motion for lack of prosecution.
(2)CA Civil Law Code § 846.1(b)(2) The action was dismissed by the plaintiff without any payment from the public entity.
(3)CA Civil Law Code § 846.1(b)(3) The public entity prevails in the civil action.
(c)CA Civil Law Code § 846.1(c) An owner of any estate or interest in real property, whether possessory or nonpossessory, or a public entity, as defined in Section 831.5 of the Government Code, that gives permission to the public for entry on, or use of, the real property for a recreational purpose, as defined in Section 846, pursuant to an agreement with a public or nonprofit agency, and is a defendant in a civil action brought by, or on behalf of, a person who seeks to restrict, prevent, or delay public use of that property, may present a claim to the Department of General Services for reasonable attorney’s fees incurred in the civil action if any of the following occurs:
(1)CA Civil Law Code § 846.1(c)(1) The court has dismissed the civil action upon a demurrer or motion for summary judgment made by the owner or public entity or upon its own motion for lack of prosecution.
(2)CA Civil Law Code § 846.1(c)(2) The action was dismissed by the plaintiff without any payment from the owner or public entity.
(3)CA Civil Law Code § 846.1(c)(3) The owner or public entity prevails in the civil action.
(d)CA Civil Law Code § 846.1(d) The Department of General Services shall allow the claim if the requirements of this section are met. The claim shall be paid from an appropriation to be made for that purpose. Reasonable attorney’s fees, for purposes of this section, may not exceed an hourly rate greater than the rate charged by the Attorney General at the time the award is made, and may not exceed an aggregate amount of twenty-five thousand dollars ($25,000). This subdivision shall not apply if a public entity has provided for the defense of this civil action pursuant to Section 995 of the Government Code. This subdivision shall also not apply if an owner or public entity has been provided a legal defense by the state pursuant to any contract or other legal obligation.
(e)CA Civil Law Code § 846.1(e) The total of claims allowed by the Department of General Services pursuant to this section shall not exceed two hundred thousand dollars ($200,000) per fiscal year.

Section § 846.2

Explanation

This law says that if someone is allowed to come onto your land to pick leftover crops to donate, you aren't responsible for their injuries unless you were extremely careless or intentionally harmful. However, if you were paid for letting them pick the crops, this protection doesn't apply.

No cause of action shall arise against the owner, tenant, or lessee of land or premises for injuries to any person who has been expressly invited on that land or premises to glean agricultural or farm products for charitable purposes, unless that person’s injuries were caused by the gross negligence or willful and wanton misconduct of the owner, tenant, or lessee. The immunity provided by this section does not apply if the owner, tenant, or lessee received any consideration for permitting the gleaning activity.

Section § 846.5

Explanation

This section explains that professional land surveyors have the right to enter property to gather boundary evidence and perform surveys. Property owners or tenants must allow access without unnecessary delay, although prior notice isn't mandatory; they should be notified about the entry time if possible. These rules don't apply to freeway areas with restricted access. If surveyors need to access such areas, they can request help from the agency in charge of the freeway to mark points outside the restricted zone, which should be done quickly and without cost.

(a)CA Civil Law Code § 846.5(a) The right of entry upon or to real property to investigate and utilize boundary evidence, and to perform surveys, is a right of persons legally authorized to practice land surveying and it shall be the responsibility of the owner or tenant who owns or controls property to provide reasonable access without undue delay. The right of entry is not contingent upon the provision of prior notice to the owner or tenant. However, the owner or tenant shall be notified of the proposed time of entry where practicable.
(b)CA Civil Law Code § 846.5(b) The requirements of subdivision (a) do not apply to monuments within access-controlled portions of freeways.
(c)CA Civil Law Code § 846.5(c) When required for a property survey, monuments within a freeway right-of-way shall be referenced to usable points outside the access control line by the agency having jurisdiction over the freeway when requested in writing by the registered civil engineer or licensed land surveyor who is to perform the property survey. The work shall be done within a reasonable time period by the agency in direct cooperation with the engineer or surveyor and at no charge to him.

Section § 847

Explanation

This law protects property owners, including government entities, from being held liable for injuries or deaths that happen on their property if the injured or deceased person was committing certain serious crimes at the time. These crimes include things like murder, rape, robbery, arson, and more. The owner isn't responsible if the crime caused the injury or death and if the person is charged and convicted of the felony or a related crime. However, property owners can still be held liable for their own reckless or harmful behavior. This law doesn't affect other legal defenses a property owner might have.

(a)CA Civil Law Code § 847(a) An owner, including, but not limited to, a public entity, as defined in Section 811.2 of the Government Code, of any estate or any other interest in real property, whether possessory or nonpossessory, shall not be liable to any person for any injury or death that occurs upon that property during the course of or after the commission of any of the felonies set forth in subdivision (b) by the injured or deceased person.
(b)CA Civil Law Code § 847(b) The felonies to which the provisions of this section apply are the following: (1) Murder or voluntary manslaughter; (2) mayhem; (3) rape; (4) sodomy by force, violence, duress, menace, or threat of great bodily harm; (5) oral copulation by force, violence, duress, menace, or threat of great bodily harm; (6) lewd acts on a child under the age of 14 years; (7) any felony punishable by death or imprisonment in the state prison for life; (8) any other felony in which the defendant inflicts great bodily injury on any person, other than an accomplice, or any felony in which the defendant uses a firearm; (9) attempted murder; (10) assault with intent to commit rape or robbery; (11) assault with a deadly weapon or instrument on a peace officer; (12) assault by a life prisoner on a noninmate; (13) assault with a deadly weapon by an inmate; (14) arson; (15) exploding a destructive device or any explosive with intent to injure; (16) exploding a destructive device or any explosive causing great bodily injury; (17) exploding a destructive device or any explosive with intent to murder; (18) burglary; (19) robbery; (20) kidnapping; (21) taking of a hostage by an inmate of a state prison; (22) any felony in which the defendant personally used a dangerous or deadly weapon; (23) selling, furnishing, administering, or providing heroin, cocaine, or phencyclidine (PCP) to a minor; (24) grand theft as defined in Sections 487 and 487a of the Penal Code; and (25) any attempt to commit a crime listed in this subdivision other than an assault.
(c)CA Civil Law Code § 847(c) The limitation on liability conferred by this section arises at the moment the injured or deceased person commences the felony or attempted felony and extends to the moment the injured or deceased person is no longer upon the property.
(d)CA Civil Law Code § 847(d)  The limitation on liability conferred by this section applies only when the injured or deceased person’s conduct in furtherance of the commission of a felony specified in subdivision (b) proximately or legally causes the injury or death.
(e)CA Civil Law Code § 847(e) The limitation on liability conferred by this section arises only upon the charge of a felony listed in subdivision (b) and the subsequent conviction of that felony or a lesser included felony or misdemeanor arising from a charge of a felony listed in subdivision (b). During the pendency of any such criminal action, a civil action alleging this liability shall be abated and the statute of limitations on the civil cause of action shall be tolled.
(f)CA Civil Law Code § 847(f) This section does not limit the liability of an owner or an owner’s agent which otherwise exists for willful, wanton, or criminal conduct, or for willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity.
(g)CA Civil Law Code § 847(g) The limitation on liability provided by this section shall be in addition to any other available defense.

Section § 848

Explanation

This section outlines the process mineral rights owners must follow before entering someone else's land. They must provide written notice to the property owner or lessee before entering the property. If they're doing non-disruptive activities, like surveying or testing, a five-day notice is required. For disruptive activities, like drilling, a 30-day notice is needed. In emergencies, this notice can be waived. Notices aren't required if there's already an agreement in place. If mineral rights owners skip giving notice, the landowner can ask the court to stop the mining activities until notice is given. Notice delivery needs to be acknowledged in writing.

(a)CA Civil Law Code § 848(a) Except as provided in subdivision (c), the owner of mineral rights, as defined by Section 883.110, in real property shall give a written notice prior to the first entry to the owner of the real property who is listed as the assessee on the current local assessment roll or to the owner’s representative, or to the lessee of the real property if different from the mineral rights owner, and to any public utility that has a recorded interest in the real property if there is to be excavation of the utility interest, under the following circumstances:
(1)CA Civil Law Code § 848(a)(1) If the mineral rights owner or its agent intends to enter real property for the purpose of undertaking non-surface-disrupting activities such as surveying, water and mineral testing, and removal of debris and equipment not involving use of an articulated vehicle on the real property, the owner or agent shall provide a minimum of five days’ notice. Reasonable attempts shall be made to deliver the notice by acknowledged personal delivery, but if that cannot occur, the notice shall be delivered by registered letter and be received a minimum of five days prior to the entrance on the property. The notice shall specify all of the following:
(A)CA Civil Law Code § 848(a)(1)(A) Date of entry.
(B)CA Civil Law Code § 848(a)(1)(B) Estimated length of time the property will be occupied.
(C)CA Civil Law Code § 848(a)(1)(C) General nature of the work.
(2)CA Civil Law Code § 848(a)(2) If the mineral rights owner or its agent intends to enter real property for the purpose of excavation or other surface-disrupting activities such as drilling new wells, constructing structures, bringing articulated vehicles or excavation equipment on the real property, or reclamation of the real property after the surface has been disturbed, the owner or agent shall provide a minimum of 30 days’ notice. The notice shall specify both of the following:
(A)CA Civil Law Code § 848(a)(2)(A) The extent and location of the prospecting, mining, or extraction operation.
(B)CA Civil Law Code § 848(a)(2)(B) The approximate time or times of entry and exit upon the real property.
(3)CA Civil Law Code § 848(a)(3) If a mineral rights owner’s entry to the real property ceases for a period of one year or more, any further entry by the mineral rights owner for the purpose of surface-disturbing activities pursuant to paragraph (2) shall require written notice pursuant to this subdivision.
(b)Copy CA Civil Law Code § 848(b)
(1)Copy CA Civil Law Code § 848(b)(1) If a mineral rights owner has been authorized by the Geologic Energy Management Division to drill a relief well or to take other immediate actions in response to an emergency situation, or if the division or its agent is drilling a relief well or taking other immediate actions in response to an emergency situation, the notice provisions under paragraph (2) of subdivision (a) shall be waived.
(2)CA Civil Law Code § 848(b)(2) For purposes of this subdivision, an “emergency” means immediate action is necessary to protect life, health, property, or natural resources.
(c)CA Civil Law Code § 848(c) The notice specified in subdivision (a) shall not be required if the owner of the real property or assessee has a current, already negotiated surface use, access use, or similar agreement with the mineral rights owner, lessee, agent, or operator.
(d)CA Civil Law Code § 848(d) If the mineral rights owner has not complied with the notice requirement specified in subdivision (a), the owner of the real property listed on the current assessment roll or any public utility which has a recorded interest in the real property may request a court to enjoin the prospecting, mining, or extracting operation until the mineral rights owner has complied. The absence of a known owner on the assessment roll or any public utility which has a recorded interest in the real property relieves the mineral rights owner of the obligation to give the written notice to the owner or public utility.
(e)CA Civil Law Code § 848(e) For purposes of this section, an “acknowledged personal delivery” means that the written notice is personally delivered to the owner, the owner’s representative, or lessee, and the owner, the owner’s representative, or lessee acknowledges, in writing, receipt of the notice.

Section § 882.020

Explanation

This law section explains when a lien, which is a legal claim on property used as security for a debt, on real estate expires. Generally, a lien expires 10 years after the final maturity date or payment date if those dates are clear from the records. If they aren't clear, the lien expires 60 years after the lien was originally recorded. However, if a notice to preserve the lien is recorded, it extends the lien by 10 years from that notice. The law also mentions that a power of sale begins when a related deed is recorded. Extensions to these time limits are possible but must be recorded before the original expiration.

(a)CA Civil Law Code § 882.020(a) Unless the lien of a mortgage, deed of trust, or other instrument that creates a security interest of record in real property to secure a debt or other obligation has earlier expired pursuant to Section 2911, the lien expires at, and is not enforceable by action for foreclosure commenced, power of sale exercised, or any other means asserted after, the later of the following times:
(1)CA Civil Law Code § 882.020(a)(1) If the final maturity date or the last date fixed for payment of the debt or performance of the obligation is ascertainable from the recorded evidence of indebtedness, 10 years after that date.
(2)CA Civil Law Code § 882.020(a)(2) If the final maturity date or the last date fixed for payment of the debt or performance of the obligation is not ascertainable from the recorded evidence of indebtedness, or if there is no final maturity date or last date fixed for payment of the debt or performance of the obligation, 60 years after the date the instrument that created the security interest was recorded.
(3)CA Civil Law Code § 882.020(a)(3) If a notice of intent to preserve the security interest is recorded within the time prescribed in paragraph (1) or (2), 10 years after the date the notice is recorded.
(b)CA Civil Law Code § 882.020(b) For the purpose of this section, a power of sale is deemed to be exercised upon recordation of the deed executed pursuant to the power of sale.
(c)CA Civil Law Code § 882.020(c) The times prescribed in this section may be extended in the same manner and to the same extent as a waiver made pursuant to Section 360.5 of the Code of Civil Procedure, except that an instrument is effective to extend the prescribed times only if it is recorded before expiration of the prescribed times.

Section § 882.030

Explanation

This law states that when the time limit for a mortgage or similar security interest expires, the lien is automatically considered gone, and you can't enforce it anymore. You don't need any paperwork to show that it's ended, but you can still file a document stating it's over if you want to.

Expiration of the lien of a mortgage, deed of trust, or other security interest pursuant to this chapter or any other statute renders the lien unenforceable by any means commenced or asserted thereafter and is equivalent for all purposes to a certificate of satisfaction, reconveyance, release, or other discharge of the security interest, and execution and recording of a certificate of satisfaction, reconveyance, release, or other discharge is not necessary to terminate or evidence the termination of the security interest. Nothing in this section precludes execution and recording at any time of a certificate of satisfaction, reconveyance, release, or other discharge.

Section § 882.040

Explanation

This law says that all security interests in real estate, like mortgages and deeds of trust, are covered by this chapter from its start date. It doesn’t matter when they were created—whether before, on, or after that start date. However, it ensures that these liens won't become invalid or unenforceable until at least five years after this chapter starts being used.

(a)CA Civil Law Code § 882.040(a) Subject to Section 880.370 (grace period for recording notice) and except as otherwise provided in this section, this chapter applies on the operative date to all mortgages, deeds of trust, and other instruments that create a security interest in real property to secure a debt or other obligation, whether executed or recorded before, on, or after the operative date.
(b)CA Civil Law Code § 882.040(b) This chapter shall not cause the lien of a mortgage, deed of trust, or other security interest in real property to expire or become unenforceable before the passage of five years after the operative date of this chapter.

Section § 896

Explanation

This law outlines the standards builders and related parties must meet to avoid liability for damages from defects in construction of residential properties. Builders are liable if these standards aren't met, focusing on water intrusion, structural integrity, soil issues, fire protection, plumbing, and electrical systems. Specific areas such as windows, roofs, and decks must prevent water damage. The structure must not have significant cracks or be unsafe due to soil issues. Fire safety standards must be met, and plumbing and sewer systems should operate properly. There are limits on how long after construction legal action can be initiated for each kind of defect. Additionally, various components, from foundations to landscaping, have detailed requirements to prevent damage and ensure proper function.

In any action seeking recovery of damages arising out of, or related to deficiencies in, the residential construction, design, specifications, surveying, planning, supervision, testing, or observation of construction, a builder, and to the extent set forth in Chapter 4 (commencing with Section 910), a general contractor, subcontractor, material supplier, individual product manufacturer, or design professional, shall, except as specifically set forth in this title, be liable for, and the claimant’s claims or causes of action shall be limited to violation of, the following standards, except as specifically set forth in this title. This title applies to original construction intended to be sold as an individual dwelling unit. As to condominium conversions, this title does not apply to or does not supersede any other statutory or common law.
(a)CA Civil Law Code § 896(a) With respect to water issues:
(1)CA Civil Law Code § 896(a)(1) A door shall not allow unintended water to pass beyond, around, or through the door or its designed or actual moisture barriers, if any.
(2)CA Civil Law Code § 896(a)(2) Windows, patio doors, deck doors, and their systems shall not allow water to pass beyond, around, or through the window, patio door, or deck door or its designed or actual moisture barriers, including, without limitation, internal barriers within the systems themselves. For purposes of this paragraph, “systems” include, without limitation, windows, window assemblies, framing, substrate, flashings, and trim, if any.
(3)CA Civil Law Code § 896(a)(3) Windows, patio doors, deck doors, and their systems shall not allow excessive condensation to enter the structure and cause damage to another component. For purposes of this paragraph, “systems” include, without limitation, windows, window assemblies, framing, substrate, flashings, and trim, if any.
(4)CA Civil Law Code § 896(a)(4) Roofs, roofing systems, chimney caps, and ventilation components shall not allow water to enter the structure or to pass beyond, around, or through the designed or actual moisture barriers, including, without limitation, internal barriers located within the systems themselves. For purposes of this paragraph, “systems” include, without limitation, framing, substrate, and sheathing, if any.
(5)CA Civil Law Code § 896(a)(5) Decks, deck systems, balconies, balcony systems, exterior stairs, and stair systems shall not allow water to pass into the adjacent structure. For purposes of this paragraph, “systems” include, without limitation, framing, substrate, flashing, and sheathing, if any.
(6)CA Civil Law Code § 896(a)(6) Decks, deck systems, balconies, balcony systems, exterior stairs, and stair systems shall not allow unintended water to pass within the systems themselves and cause damage to the systems. For purposes of this paragraph, “systems” include, without limitation, framing, substrate, flashing, and sheathing, if any.
(7)CA Civil Law Code § 896(a)(7) Foundation systems and slabs shall not allow water or vapor to enter into the structure so as to cause damage to another building component.
(8)CA Civil Law Code § 896(a)(8) Foundation systems and slabs shall not allow water or vapor to enter into the structure so as to limit the installation of the type of flooring materials typically used for the particular application.
(9)CA Civil Law Code § 896(a)(9) Hardscape, including paths and patios, irrigation systems, landscaping systems, and drainage systems, that are installed as part of the original construction, shall not be installed in such a way as to cause water or soil erosion to enter into or come in contact with the structure so as to cause damage to another building component.
(10)CA Civil Law Code § 896(a)(10) Stucco, exterior siding, exterior walls, including, without limitation, exterior framing, and other exterior wall finishes and fixtures and the systems of those components and fixtures, including, but not limited to, pot shelves, horizontal surfaces, columns, and plant-ons, shall be installed in such a way so as not to allow unintended water to pass into the structure or to pass beyond, around, or through the designed or actual moisture barriers of the system, including any internal barriers located within the system itself. For purposes of this paragraph, “systems” include, without limitation, framing, substrate, flashings, trim, wall assemblies, and internal wall cavities, if any.
(11)CA Civil Law Code § 896(a)(11) Stucco, exterior siding, and exterior walls shall not allow excessive condensation to enter the structure and cause damage to another component. For purposes of this paragraph, “systems” include, without limitation, framing, substrate, flashings, trim, wall assemblies, and internal wall cavities, if any.
(12)CA Civil Law Code § 896(a)(12) Retaining and site walls and their associated drainage systems shall not allow unintended water to pass beyond, around, or through its designed or actual moisture barriers including, without limitation, any internal barriers, so as to cause damage. This standard does not apply to those portions of any wall or drainage system that are designed to have water flow beyond, around, or through them.
(13)CA Civil Law Code § 896(a)(13) Retaining walls and site walls, and their associated drainage systems, shall only allow water to flow beyond, around, or through the areas designated by design.
(14)CA Civil Law Code § 896(a)(14) The lines and components of the plumbing system, sewer system, and utility systems shall not leak.
(15)CA Civil Law Code § 896(a)(15) Plumbing lines, sewer lines, and utility lines shall not corrode so as to impede the useful life of the systems.
(16)CA Civil Law Code § 896(a)(16) Sewer systems shall be installed in such a way as to allow the designated amount of sewage to flow through the system.
(17)CA Civil Law Code § 896(a)(17) Showers, baths, and related waterproofing systems shall not leak water into the interior of walls, flooring systems, or the interior of other components.
(18)CA Civil Law Code § 896(a)(18)  The waterproofing system behind or under ceramic tile and tile countertops shall not allow water into the interior of walls, flooring systems, or other components so as to cause damage. Ceramic tile systems shall be designed and installed so as to deflect intended water to the waterproofing system.
(b)CA Civil Law Code § 896(b) With respect to structural issues:
(1)CA Civil Law Code § 896(b)(1) Foundations, load bearing components, and slabs, shall not contain significant cracks or significant vertical displacement.
(2)CA Civil Law Code § 896(b)(2) Foundations, load bearing components, and slabs shall not cause the structure, in whole or in part, to be structurally unsafe.
(3)CA Civil Law Code § 896(b)(3) Foundations, load bearing components, and slabs, and underlying soils shall be constructed so as to materially comply with the design criteria set by applicable government building codes, regulations, and ordinances for chemical deterioration or corrosion resistance in effect at the time of original construction.
(4)CA Civil Law Code § 896(b)(4) A structure shall be constructed so as to materially comply with the design criteria for earthquake and wind load resistance, as set forth in the applicable government building codes, regulations, and ordinances in effect at the time of original construction.
(c)CA Civil Law Code § 896(c) With respect to soil issues:
(1)CA Civil Law Code § 896(c)(1) Soils and engineered retaining walls shall not cause, in whole or in part, damage to the structure built upon the soil or engineered retaining wall.
(2)CA Civil Law Code § 896(c)(2) Soils and engineered retaining walls shall not cause, in whole or in part, the structure to be structurally unsafe.
(3)CA Civil Law Code § 896(c)(3) Soils shall not cause, in whole or in part, the land upon which no structure is built to become unusable for the purpose represented at the time of original sale by the builder or for the purpose for which that land is commonly used.
(d)CA Civil Law Code § 896(d) With respect to fire protection issues:
(1)CA Civil Law Code § 896(d)(1) A structure shall be constructed so as to materially comply with the design criteria of the applicable government building codes, regulations, and ordinances for fire protection of the occupants in effect at the time of the original construction.
(2)CA Civil Law Code § 896(d)(2) Fireplaces, chimneys, chimney structures, and chimney termination caps shall be constructed and installed in such a way so as not to cause an unreasonable risk of fire outside the fireplace enclosure or chimney.
(3)CA Civil Law Code § 896(d)(3) Electrical and mechanical systems shall be constructed and installed in such a way so as not to cause an unreasonable risk of fire.
(e)CA Civil Law Code § 896(e) With respect to plumbing and sewer issues:
Plumbing and sewer systems shall be installed to operate properly and shall not materially impair the use of the structure by its inhabitants. However, no action may be brought for a violation of this subdivision more than four years after close of escrow.
(f)CA Civil Law Code § 896(f) With respect to electrical system issues:
Electrical systems shall operate properly and shall not materially impair the use of the structure by its inhabitants. However, no action shall be brought pursuant to this subdivision more than four years from close of escrow.
(g)CA Civil Law Code § 896(g) With respect to issues regarding other areas of construction:
(1)CA Civil Law Code § 896(g)(1) Exterior pathways, driveways, hardscape, sidewalls, sidewalks, and patios installed by the original builder shall not contain cracks that display significant vertical displacement or that are excessive. However, no action shall be brought upon a violation of this paragraph more than four years from close of escrow.
(2)CA Civil Law Code § 896(g)(2) Stucco, exterior siding, and other exterior wall finishes and fixtures, including, but not limited to, pot shelves, horizontal surfaces, columns, and plant-ons, shall not contain significant cracks or separations.
(3)Copy CA Civil Law Code § 896(g)(3)
(A)Copy CA Civil Law Code § 896(g)(3)(A) To the extent not otherwise covered by these standards, manufactured products, including, but not limited to, windows, doors, roofs, plumbing products and fixtures, fireplaces, electrical fixtures, HVAC units, countertops, cabinets, paint, and appliances shall be installed so as not to interfere with the products’ useful life, if any.
(B)CA Civil Law Code § 896(g)(3)(A)(B) For purposes of this paragraph, “useful life” means a representation of how long a product is warranted or represented, through its limited warranty or any written representations, to last by its manufacturer, including recommended or required maintenance. If there is no representation by a manufacturer, a builder shall install manufactured products so as not to interfere with the product’s utility.
(C)CA Civil Law Code § 896(g)(3)(A)(C) For purposes of this paragraph, “manufactured product” means a product that is completely manufactured offsite.
(D)CA Civil Law Code § 896(g)(3)(A)(D) If no useful life representation is made, or if the representation is less than one year, the period shall be no less than one year. If a manufactured product is damaged as a result of a violation of these standards, damage to the product is a recoverable element of damages. This subparagraph does not limit recovery if there has been damage to another building component caused by a manufactured product during the manufactured product’s useful life.
(E)CA Civil Law Code § 896(g)(3)(A)(E) This title does not apply in any action seeking recovery solely for a defect in a manufactured product located within or adjacent to a structure.
(4)CA Civil Law Code § 896(g)(4) Heating shall be installed so as to be capable of maintaining a room temperature of 70 degrees Fahrenheit at a point three feet above the floor in any living space if the heating was installed pursuant to a building permit application submitted prior to January 1, 2008, or capable of maintaining a room temperature of 68 degrees Fahrenheit at a point three feet above the floor and two feet from exterior walls in all habitable rooms at the design temperature if the heating was installed pursuant to a building permit application submitted on or before January 1, 2008.
(5)CA Civil Law Code § 896(g)(5) Living space air-conditioning, if any, shall be provided in a manner consistent with the size and efficiency design criteria specified in Title 24 of the California Code of Regulations or its successor.
(6)CA Civil Law Code § 896(g)(6) Attached structures shall be constructed to comply with interunit noise transmission standards set by the applicable government building codes, ordinances, or regulations in effect at the time of the original construction. If there is no applicable code, ordinance, or regulation, this paragraph does not apply. However, no action shall be brought pursuant to this paragraph more than one year from the original occupancy of the adjacent unit.
(7)CA Civil Law Code § 896(g)(7) Irrigation systems and drainage shall operate properly so as not to damage landscaping or other external improvements. However, no action shall be brought pursuant to this paragraph more than one year from close of escrow.
(8)CA Civil Law Code § 896(g)(8) Untreated wood posts shall not be installed in contact with soil so as to cause unreasonable decay to the wood based upon the finish grade at the time of original construction. However, no action shall be brought pursuant to this paragraph more than two years from close of escrow.
(9)CA Civil Law Code § 896(g)(9) Untreated steel fences and adjacent components shall be installed so as to prevent unreasonable corrosion. However, no action shall be brought pursuant to this paragraph more than four years from close of escrow.
(10)CA Civil Law Code § 896(g)(10) Paint and stains shall be applied in such a manner so as not to cause deterioration of the building surfaces for the length of time specified by the paint or stain manufacturers’ representations, if any. However, no action shall be brought pursuant to this paragraph more than five years from close of escrow.
(11)CA Civil Law Code § 896(g)(11) Roofing materials shall be installed so as to avoid materials falling from the roof.
(12)CA Civil Law Code § 896(g)(12) The landscaping systems shall be installed in such a manner so as to survive for not less than one year. However, no action shall be brought pursuant to this paragraph more than two years from close of escrow.
(13)CA Civil Law Code § 896(g)(13) Ceramic tile and tile backing shall be installed in such a manner that the tile does not detach.
(14)CA Civil Law Code § 896(g)(14) Dryer ducts shall be installed and terminated pursuant to manufacturer installation requirements. However, no action shall be brought pursuant to this paragraph more than two years from close of escrow.
(15)CA Civil Law Code § 896(g)(15) Structures shall be constructed in such a manner so as not to impair the occupants’ safety because they contain public health hazards as determined by a duly authorized public health official, health agency, or governmental entity having jurisdiction. This paragraph does not limit recovery for any damages caused by a violation of any other paragraph of this section on the grounds that the damages do not constitute a health hazard.

Section § 897

Explanation

This law states that any part of a building or its functions must meet specific standards. If these standards don't cover something, but it still causes damage, you can take legal action.

The standards set forth in this chapter are intended to address every function or component of a structure. To the extent that a function or component of a structure is not addressed by these standards, it shall be actionable if it causes damage.