Rights and Obligations of OwnersObligations of Owners
Section § 840
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.
Section § 841
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.
Section § 841.4
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.
Section § 843
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.
Section § 845
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.
Section § 846
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.
Section § 846.1
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.
Section § 846.2
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.
Section § 846.5
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.
Section § 847
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.
Section § 848
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.