Section § 1006

Explanation

If you occupy a property for any length of time, you have a right to the property that can stand against everyone except the state or those who get their ownership through legal processes like prescription, transfer, or inheritance. However, simply occupying property doesn't give you enough legal rights to officially claim ownership unless you've met the requirements for gaining ownership through long-term use, known as prescription.

Occupancy for any period confers a title sufficient against all except the state and those who have title by prescription, accession, transfer, will, or succession; but the title conferred by occupancy is not a sufficient interest in real property to enable the occupant or the occupant’s privies to commence or maintain an action to quiet title, unless the occupancy has ripened into title by prescription.

Section § 1007

Explanation

This law talks about how living on or using a piece of private property for a long time can sometimes give you legal ownership of it, called "title by prescription." However, no matter how long someone occupies land or resources that are publicly used or owned by the state, like parks or public utilities, they can't claim ownership.

Occupancy for the period prescribed by the Code of Civil Procedure as sufficient to bar any action for the recovery of the property confers a title thereto, denominated a title by prescription, which is sufficient against all, but no possession by any person, firm or corporation no matter how long continued of any land, water, water right, easement, or other property whatsoever dedicated to a public use by a public utility, or dedicated to or owned by the state or any public entity, shall ever ripen into any title, interest or right against the owner thereof.

Section § 1008

Explanation

This law says that if a property owner puts up signs at every entrance or every 200 feet along their property's boundary that say people can only pass through by their permission, no one can claim a right to use the land, called an easement, just because they've used it for a long time.

No use by any person or persons, no matter how long continued, of any land, shall ever ripen into an easement by prescription, if the owner of such property posts at each entrance to the property or at intervals of not more than 200 feet along the boundary a sign reading substantially as follows: “Right to pass by permission, and subject to control, of owner: Section 1008, Civil Code.”

Section § 1009

Explanation

This law encourages private property owners to let the public use their land for recreational purposes without worrying about losing their property rights. It explains that public use won't give the public permanent rights unless the owner formally dedicates the land for that use, except under certain conditions. If a government makes improvements on private land using public funds and the owner knows about it but doesn't stop it, then after five years, the government can gain permanent use rights. However, if the owner puts up signs or enters agreements about how the land can be used, they can prevent the public from gaining any rights. Special rules apply for coastal land within 1,000 yards of the ocean. The owner can set rules on how and when the public can use their property.

(a)CA Civil Law Code § 1009(a) The Legislature finds that:
(1)CA Civil Law Code § 1009(a)(1) It is in the best interests of the state to encourage owners of private real property to continue to make their lands available for public recreational use to supplement opportunities available on tax-supported publicly owned facilities.
(2)CA Civil Law Code § 1009(a)(2) Owners of private real property are confronted with the threat of loss of rights in their property if they allow or continue to allow members of the public to use, enjoy or pass over their property for recreational purposes.
(3)CA Civil Law Code § 1009(a)(3) The stability and marketability of record titles is clouded by such public use, thereby compelling the owner to exclude the public from his property.
(b)CA Civil Law Code § 1009(b) Regardless of whether or not a private owner of real property has recorded a notice of consent to use of any particular property pursuant to Section 813 of the Civil Code or has posted signs on such property pursuant to Section 1008 of the Civil Code, except as otherwise provided in subdivision (d), no use of such property by the public after the effective date of this section shall ever ripen to confer upon the public or any governmental body or unit a vested right to continue to make such use permanently, in the absence of an express written irrevocable offer of dedication of such property to such use, made by the owner thereof in the manner prescribed in subdivision (c) of this section, which has been accepted by the county, city, or other public body to which the offer of dedication was made, in the manner set forth in subdivision (c).
(c)CA Civil Law Code § 1009(c) In addition to any procedure authorized by law and not prohibited by this section, an irrevocable offer of dedication may be made in the manner prescribed in Section 7050 of the Government Code to any county, city, or other public body, and may be accepted or terminated, in the manner prescribed in that section, by the county board of supervisors in the case of an offer of dedication to a county, by the city council in the case of an offer of dedication to a city, or by the governing board of any other public body in the case of an offer of dedication to such body.
(d)CA Civil Law Code § 1009(d) Where a governmental entity is using private lands by an expenditure of public funds on visible improvements on or across such lands or on the cleaning or maintenance related to the public use of such lands in such a manner so that the owner knows or should know that the public is making such use of his land, such use, including any public use reasonably related to the purposes of such improvement, in the absence of either express permission by the owner to continue such use or the taking by the owner of reasonable steps to enjoin, remove or prohibit such use, shall after five years ripen to confer upon the governmental entity a vested right to continue such use.
(e)CA Civil Law Code § 1009(e) Subdivision (b) shall not apply to any coastal property which lies within 1,000 yards inland of the mean high tide line of the Pacific Ocean, and harbors, estuaries, bays and inlets thereof, but not including any property lying inland of the Carquinez Straits bridge, or between the mean high tide line and the nearest public road or highway, whichever distance is less.
(f)CA Civil Law Code § 1009(f) No use, subsequent to the effective date of this section, by the public of property described in subdivision (e) shall constitute evidence or be admissible as evidence that the public or any governmental body or unit has any right in such property by implied dedication if the owner does any of the following actions:
(1)CA Civil Law Code § 1009(f)(1) Posts signs, as provided in Section 1008, and renews the same, if they are removed, at least once a year, or publishes annually, pursuant to Section 6066 of the Government Code, in a newspaper of general circulation in the county or counties in which the land is located, a statement describing the property and reading substantially as follows: “Right to pass by permission and subject to control of owner: Section 1008, Civil Code.”
(2)CA Civil Law Code § 1009(f)(2) Records a notice as provided in Section 813.
(3)CA Civil Law Code § 1009(f)(3) Enters into a written agreement with any federal, state, or local agency providing for the public use of such land.
After taking any of the actions set forth in paragraph (1), (2), or (3), and during the time such action is effective, the owner shall not prevent any public use which is appropriate under the permission granted pursuant to such paragraphs by physical obstruction, notice, or otherwise.
(g)CA Civil Law Code § 1009(g) The permission for public use of real property referred to in subdivision (f) may be conditioned upon reasonable restrictions on the time, place, and manner of such public use, and no use in violation of such restrictions shall be considered public use for purposes of a finding of implied dedication.