The owner of land in fee has the right to the surface and to everything permanently situated beneath or above it.
Rights of OwnersBoundaries
Section § 829
If you own a piece of land, you own not just the surface, but also everything that is permanently located underneath or above it, like minerals underground or structures in the air.
land ownership property rights surface rights
Section § 830
This law explains how property boundaries are determined for land next to water. If your land is next to the ocean, your property goes up to the usual high tide line. If your land is by a river or lake where there is no tide, your property extends to the edge of the water at its lowest point. If your land is next to any other type of water, your property extends to the center of the water body.
Section Eight Hundred and Thirty. Except where the grant under which the land is held indicates a different intent, the owner of the upland, when it borders on tide water, takes to ordinary high-water mark; when it borders upon a navigable lake or stream, where there is no tide, the owner takes to the edge of the lake or stream, at low-water mark; when it borders upon any other water, the owner takes to the middle of the lake or stream.
upland owner tide water boundary high-water mark
Section § 831
If your property is next to a road or street, it's assumed you own the land up to the middle of the road unless proven otherwise.
An owner of land bounded by a road or street is presumed to own to the center of the way, but the contrary may be shown.
land ownership property boundaries road center
Section § 832
If you're a property owner and you plan to dig next to someone else's land for building or improving, you need to support their land so it doesn’t collapse. Before digging, you must let your neighbor know how deep you'll dig and when you start. You can't damage their land, but if there’s a bigger project that affects their building, the neighbor gets 30 days to protect it. If the dig goes deeper than 9 feet, and their foundation is that deep too, you need to pay for any damage, except small cracks.
Each coterminous owner is entitled to the lateral and subjacent support which his land receives from the adjoining land, subject to the right of the owner of the adjoining land to make proper and usual excavations on the same for purposes of construction or improvement, under the following conditions:
1. Any owner of land or his lessee intending to make or to permit an excavation shall give reasonable notice to the owner or owners of adjoining lands and of buildings or other structures, stating the depth to which such excavation is intended to be made, and when the excavating will begin.
2. In making any excavation, ordinary care and skill shall be used, and reasonable precautions taken to sustain the adjoining land as such, without regard to any building or other structure which may be thereon, and there shall be no liability for damage done to any such building or other structure by reason of the excavation, except as otherwise provided or allowed by law.
3. If at any time it appears that the excavation is to be of a greater depth than are the walls or foundations of any adjoining building or other structure, and is to be so close as to endanger the building or other structure in any way, then the owner of the building or other structure must be allowed at least 30 days, if he so desires, in which to take measures to protect the same from any damage, or in which to extend the foundations thereof, and he must be given for the same purposes reasonable license to
enter on the land on which the excavation is to be or is being made.
4. If the excavation is intended to be or is deeper than the standard depth of foundations, which depth is defined to be a depth of nine feet below the adjacent curb level, at the point where the joint property line intersects the curb and if on the land of the coterminous owner there is any building or other structure the wall or foundation of which goes to standard depth or deeper then the owner of the land on which the excavation is being made shall, if given the necessary license to enter on the adjoining land, protect the said adjoining land and any such building or other structure thereon without cost to the owner thereof, from any damage by reason of the excavation, and shall be liable to the owner of such property for any such damage, excepting only for minor settlement cracks in buildings or other structures.
lateral support subjacent support excavations
Section § 833
If a tree's trunk is entirely on one person’s land, that person owns the whole tree, even if the roots extend into someone else’s property.
Trees whose trunks stand wholly upon the land of one owner belong exclusively to him, although their roots grow into the land of another.
tree ownership property rights root encroachment
Section § 834
If a tree's trunk is on the boundary between two properties, the neighbors share ownership of the tree.
Trees whose trunks stand partly on the land of two or more coterminous owners, belong to them in common.
shared ownership boundary trees coterminous owners
Section § 835
This law defines what an 'electrified security fence' is and outlines conditions for its installation and operation. An electrified security fence can be used on industrial or commercial properties (not in residential zones) to protect things like vehicles or equipment. The fence must run on solar-charged batteries and adhere to specific electrical output standards. It requires proper warning signs that clearly indicate its dangers, especially regarding electrical shock and effects on pacemakers. The fence must also be set up so that first responders can shut it off in emergencies. It can't be more than 10 feet tall or 2 feet higher than a non-electrified perimeter fence. The fence can be linked with an alarm system for added security. While local ordinances can't ban these fences if they meet state requirements, they can regulate fences near residential properties, parks, or schools. This law is set to expire on January 1, 2028.
(a)CA Civil Law Code § 835(a) As used in this chapter, “electrified security fence” means any fence, other than an electrified fence as defined in Section 17151 of the Food and Agricultural Code, that meets the following requirements:
(1)CA Civil Law Code § 835(a)(1) The electrified security fence is powered by an electrical energizer, driven by solar-charged batteries of no more than 12 volts of direct current, with both of the following output characteristics:
(A)CA Civil Law Code § 835(a)(1)(A) The impulse repetition rate does not exceed 1 hertz (hz).
(B)CA Civil Law Code § 835(a)(1)(B) The impulse duration does not exceed 10 milliseconds, or 10/1000
of a second.
(2)CA Civil Law Code § 835(a)(2) The electrified security fence is used to protect and secure manufacturing or industrial property, or property zoned under another designation, but legally authorized to be used for a commercial purpose that stores, parks, services, sells, or rents vehicles, vessels, equipment, materials, freight, or utility infrastructure within an outdoor lot or yard, provided that the secured area does not include any existing residential or hospitality uses.
(b)CA Civil Law Code § 835(b) An owner of real property may install and operate an electrified security fence on their property, subject to all of the following:
(1)CA Civil Law Code § 835(b)(1) The property is not located in a residential zone and falls within the description of property described in paragraph
(2) of subdivision (a).
(2)CA Civil Law Code § 835(b)(2) The electrified security fence meets the standards and specifications of the International Electrotechnical Commission for electric security fence energizers in “International Standard IEC 60335, Part 2-76:2018.”
(3)CA Civil Law Code § 835(b)(3) The electrified security fence is identified by prominently placed warning signs that are legible from both sides of the fence. At a minimum, the warning signs shall meet all of the following criteria:
(A)CA Civil Law Code § 835(b)(3)(A) The warning signs are placed at each gate and access point, and at intervals along the electrified security fence not exceeding 30 feet.
(B)CA Civil Law Code § 835(b)(3)(B) The warning signs are adjacent to any other signs relating to
chemical, radiological, or biological hazards.
(C)CA Civil Law Code § 835(b)(3)(C) The warning signs are marked with a written warning or a commonly recognized symbol for shock, a written warning or a commonly recognized symbol to warn people with pacemakers, and a written warning or commonly recognized symbol about the danger of touching the electrified security fence in wet conditions.
(4)CA Civil Law Code § 835(b)(4) The height of the electrified security fence does not exceed 10 feet or 2 feet higher than an existing nonelectrified perimeter fence or wall, whichever is greater. The electrified security fence shall be located behind a nonelectrified perimeter fence or wall that is not less than five feet in height.
(5)CA Civil Law Code § 835(b)(5) The electrified security fence includes a device that enables first
responders to deactivate the electrified security fence in response to an emergency, if utilized by a city, county, or city and county.
(c)CA Civil Law Code § 835(c) The electrified security fence may interface with a monitored alarm device in a manner that enables the alarm system to transmit a signal intended to summon the business, a monitoring service, or both the business and a monitoring service, in response to an intrusion or burglary.
(d)Copy CA Civil Law Code § 835(d)
(1)Copy CA Civil Law Code § 835(d)(1) An owner of real property not specified in paragraph (2) of subdivision (a) shall not install or operate an electrified security fence where a local ordinance prohibits the installation or operation of an electrified security fence. A local ordinance may prohibit the installation and operation of an electrified security fence that does
not comply with subdivisions (a) to (c), inclusive. A local ordinance that prohibits or regulates only the installation or operation of an electrified fence as defined in Section 17151 of the Food and Agricultural Code shall not be construed to apply to an electrified security fence.
(2)CA Civil Law Code § 835(d)(2) For property specified under paragraph (2) of subdivision (a) and in compliance with subdivisions (a) to (c), inclusive, a city, county, or city and county ordinance, regulation, or code shall not prohibit the installation and operation of an electrified security fence, nor require a permit or approval that is in addition to an alarm system permit issued by the city, county, or city
and county. A city, county, or city and county may require an administrative permit confirming the fence meets the requirements of this section if it is on a property abutting a property in residential use, or within 300 feet of a public park, childcare facility, recreation center, community center, or school facility.
(e)CA Civil Law Code § 835(e) Nothing in this section shall be construed to alter the authority of a jurisdiction to adopt and enforce an ordinance relating to nonelectrified perimeter fences or walls as legally authorized, if applicable.
(f)CA Civil Law Code § 835(f) This section shall remain in effect only until January 1, 2028, and as of that date is
repealed.
electrified security fence solar-charged batteries warning signs
Section § 835
This law covers the use of electrified security fences for securing commercial, manufacturing, or industrial properties. These fences must comply with specific technical standards, including limits on electrical impulse characteristics. They cannot be used in residential zones, must meet international safety standards, and feature visible warning signs. The fences must also be installed within certain height limits, and can interface with alarm systems. Local ordinances can further restrict or allow these fences, and any local rules must be followed. This regulation takes effect on January 1, 2028.
(a)CA Civil Law Code § 835(a) As used in this chapter, “electrified security fence” means any fence, other than an electrified fence as defined in Section 17151 of the Food and Agricultural Code, that meets the following requirements:
(1)CA Civil Law Code § 835(a)(1) The fence is powered by an electrical energizer with both of the following output characteristics:
(A)CA Civil Law Code § 835(a)(1)(A) The impulse repetition rate does not exceed 1 hertz (hz).
(B)CA Civil Law Code § 835(a)(1)(B) The
impulse duration does not exceed 10 milliseconds, or 10/1000 of a second.
(2)CA Civil Law Code § 835(a)(2) The fence is used to protect and secure commercial, manufacturing, or industrial property, or property zoned under another designation, but legally authorized to be used for a commercial, manufacturing, or industrial purpose.
(b)CA Civil Law Code § 835(b) An owner of real property may install and operate an electrified security fence on their property, subject to all of the following:
(1)CA Civil Law Code § 835(b)(1) The property is not
located in a residential zone.
(2)CA Civil Law Code § 835(b)(2) The fence meets the 2006 international standards and specifications of the International Electrotechnical Commission for electric fence energizers in “International Standard IEC 60335, Part 2-76.”
(3)CA Civil Law Code § 835(b)(3) The fence is identified by prominently placed warning signs that are legible from both sides of the fence. At a minimum, the warning signs shall meet all of the following criteria:
(A)CA Civil Law Code § 835(b)(3)(A) The warning signs are placed at each gate and access point, and at intervals along the fence not exceeding 30 feet.
(B)CA Civil Law Code § 835(b)(3)(B) The warning signs are adjacent to any other signs relating to chemical, radiological, or biological hazards.
(C)CA Civil Law Code § 835(b)(3)(C) The warning signs are marked with a written warning or a commonly recognized symbol for shock, a written warning or a commonly recognized symbol to warn people with pacemakers, and a written warning or commonly recognized symbol about the danger of touching the fence in wet conditions.
(4)CA Civil Law Code § 835(b)(4) The height of the fence does not exceed 10 feet or 2 feet higher than an existing perimeter fence, whichever is greater. The electrified security fence shall be located behind a perimeter fence that is not less
than 5 feet in height.
(c)CA Civil Law Code § 835(c) The electrified security fence may interface with a monitored alarm device in a manner that enables the alarm system to transmit a signal intended to summon the business, a monitoring service, or both the business and a monitoring service, in response to an intrusion or burglary.
(d)Copy CA Civil Law Code § 835(d)
(1)Copy CA Civil Law Code § 835(d)(1) An owner of real property shall not install or operate an electrified security fence where a local ordinance prohibits the installation or operation of an electrified security fence. A local ordinance that prohibits or regulates only the installation or operation of an electrified fence as defined in Section 17151 of the Food and
Agricultural Code does not apply to an electrified security fence.
(2)CA Civil Law Code § 835(d)(2) If a local ordinance allows the installation and operation of an electrified security fence, the installation and operation of the fence shall meet the requirements of that ordinance and the requirements of subdivision (b).
(e)CA Civil Law Code § 835(e) This section shall become operative on January 1, 2028.
electrified security fence commercial property protection electrical energizer
