When a person affixes his property to the land of another, without an agreement permitting him to remove it, the thing affixed, except as otherwise provided in this chapter, belongs to the owner of the land, unless he chooses to require the former to remove it or the former elects to exercise the right of removal provided for in Section 1013.5 of this chapter.
AccessionAccession to Real Property
Section § 1013
If someone attaches something to land they don't own, and there's no agreement allowing them to remove it later, what they attached usually becomes the landowner's property. However, the landowner can ask the person to remove it instead, or the person might have the right to remove it based on another rule in Section 1013.5.
property attachment landowner rights removal agreement
Section § 1013.5
This law talks about the situation where someone mistakenly makes improvements on someone else's land, thinking they have the right to do so. If you find yourself in this situation, you can remove the improvements. However, you'll need to compensate the landowner and anyone else with a financial interest in the property for damages caused. If there's a legal case, all involved parties must be defendants, and the landowner gets their legal fees covered. Before you remove anything, the court might require you to pay an estimate of the damages upfront, especially if damages are hard to calculate. Importantly, if there are any liens (claims for money) on the property made in good faith and after work started, those lien holders must agree in writing to the removal before any court ruling allows it. This law is about fixing honest mistakes and doesn't change existing rules about whether courts will force you to remove encroachments.
(a)CA Civil Law Code § 1013.5(a) When any person, acting in good faith and, erroneously believing because of a mistake either of law or fact that he has a right to do so, affixes improvements to the land of another, such person, or his successor in interest, shall have the right to remove such improvements upon payment, as their interests shall appear, to the owner of the land, and any other person having any interest therein who acquired such interest for value after the commencement of the work of improvement and in reliance thereon, of all their damages proximately resulting from the affixing and removal of such improvements.
(b)CA Civil Law Code § 1013.5(b) In any action brought to enforce such right the owner of the land and encumbrancers of record shall be named as defendants, a notice of pendency of action shall be recorded before trial, and the owner of the land shall recover his costs of suit and a reasonable attorney’s fee to be fixed by the court.
(c)CA Civil Law Code § 1013.5(c) If it appears to the court that the total amount of damages cannot readily be ascertained prior to the removal of the improvements, or that it is otherwise in the interests of justice, the court may order an interlocutory judgment authorizing the removal of the improvements upon condition precedent that the plaintiff pay into court the estimated total damages, as found by the court or as stipulated.
(d)CA Civil Law Code § 1013.5(d) If the court finds that the holder of any lien upon the property acquired his lien in good faith and for value after
the commencement of the work of improvement and in reliance thereon, or that as a result of the making or affixing of the improvements there is any lien against the property under Article XX, Section 15, of the Constitution of this State, judgment authorizing removal, final or interlocutory, shall not be given unless the holder of each such lien shall have consented to the removal of the improvements. Such consent shall be in writing and shall be filed with the court.
(e)CA Civil Law Code § 1013.5(e) The right created by this section is a right to remove improvements from land which may be exercised at the option of one who, acting in good faith and erroneously believing because of a mistake either of law or fact that he has a right to do so, affixes such improvements to the land of another. This section shall not be construed to affect or qualify the law as it existed prior to the 1953 amendment of this section with regard to the circumstances under which a court of
equity will refuse to compel removal of an encroachment.
good faith improvements landowner compensation removal of improvements
Section § 1014
If land naturally forms slowly over time on the edge of a river or stream—whether the water is suitable for boats or not—by materials building up or the water moving away, that land is owned by the person who owns the bank of the water. However, this is subject to anyone who already has a right of way across the bank.
Where, from natural causes, land forms by imperceptible degrees upon the bank of a river or stream, navigable or not navigable, either by accumulation of material or by the recession of the stream, such land belongs to the owner of the bank, subject to any existing right of way over the bank.
land formation accretion riverbank ownership
Section § 1015
If a sudden event, like flooding, causes a large and recognizable piece of riverbank to break off and land on another area, the original owner has one year to reclaim it once the new land possessor takes control.
If a river or stream, navigable or not navigable, carries away, by sudden violence a considerable and distinguishable part of a bank, and bears it to the opposite bank, or to another part of the same bank, the owner of the part carried away may reclaim it within a year after the owner of the land to which it has been united takes possession thereof.
riverbank erosion sudden violence land reclamation
Section § 1016
If islands or land build up in the beds of navigable rivers or streams, they belong to the state unless someone else already has a legal claim to them.
Islands and accumulations of land, formed in the beds of streams which are navigable, belong to the State, if there is no title or prescription to the contrary.
islands in streams navigable waterbeds land accumulations
Section § 1017
If land appears in a stream that's not suitable for boats, the owner of the nearby land on the side of the stream where the land forms owns it. If the land forms in the middle of the stream, it belongs to the landowners on either side, split down the middle of the stream.
An island, or an accumulation of land, formed in a stream which is not navigable, belongs to the owner of the shore on that side where the island or accumulation is formed; or, if not formed on one side only, to the owners of the shore on the two sides, divided by an imaginary line drawn through the middle of the river.
island formation non-navigable stream land accumulation
Section § 1018
If a river or stream changes course and forms a new branch that creates an island from someone's land, the owner of the shoreline still owns that new island.
If a stream, navigable or not navigable, in forming itself a new arm, divides itself and surrounds land belonging to the owner of the shore, and thereby forms an island, the island belongs to such owner.
island ownership land division shoreline owner
Section § 1019
This law allows tenants to remove items they've attached to a rental property for business, decoration, or home use as long as they do it without damaging the place. However, if the item is considered a permanent part of the property due to how it was attached, it must stay.
Section Ten Hundred and Nineteen. A tenant may remove from the demised premises, any time during the continuance of his term, anything affixed thereto for purposes of trade, manufacture, ornament, or domestic use, if the removal can be effected without injury to the premises, unless the thing has, by the manner in which it is affixed, become an integral part of the premises.
tenant rights removing fixtures trade purposes
