840. 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.
841. Coterminous owners are mutually bound equally to maintain:
1. The boundaries and monuments between them;
2. The fences between them, unless one of them chooses to let his
land lie without fencing; in which case, if he afterwards incloses
it, he must refund to the other a just proportion of the value, at
that time, of any division fence made by the latter.
841.4. 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.
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) 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) 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) 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.
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) 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. If any owner who is a party to the agreement
refuses to perform or fails after demand in writing to pay the owner'
s proportion of the cost, an action for specific performance or
contribution may be brought against that owner in a court of
competent jurisdiction by the other owners, either jointly or
severally.
(c) In the absence of an agreement, the cost shall be shared
proportionately to the use made of the easement by each owner.
Any owner of the easement, or any owner of land to which the
easement is attached, may apply to any court where the right-of-way
is located and that has jurisdiction over the amount in controversy
for the appointment of an impartial arbitrator to apportion the cost.
The application may be made before, during, or after performance of
the maintenance work. If the arbitration award is not accepted by all
of the owners, the court may enter a judgment determining the
proportionate liability of each owner. The judgment may be enforced
as a money judgment by any party against any other party to the
action.
(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) Snow removal is not expressly precluded by the terms of the
agreement.
(2) Snow removal is necessary to provide access to the properties
served by the easement.
(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) The provisions of this section do not apply to rights-of-way
held or used by railroad common carriers subject to the jurisdiction
of the Public Utilities Commission.
846. 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 such premises to persons entering for
such purpose, except as provided in this section.
A "recreational purpose," as used in this section, includes such
activities 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, winter sports, and
viewing or enjoying historical, archaeological, scenic, natural, or
scientific sites.
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 (a) extend any assurance that the premises are safe for such
purpose, or (b) 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, or (c) assume responsibility for or incur liability for
any injury to person or property caused by any act of such person to
whom permission has been granted except as provided in this section.
This section does not limit the liability which otherwise exists
(a) for willful or malicious failure to guard or warn against a
dangerous condition, use, structure or activity; or (b) for 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; or (c) to any persons who
are expressly invited rather than merely permitted to come upon the
premises by the landowner.
Nothing in this section creates a duty of care or ground of
liability for injury to person or property.
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 California Victim Compensation
and Government Claims Board for reasonable attorney's fees incurred
in this civil action if any of the following occurs:
(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) The action was dismissed by the plaintiff without any payment
from the owner.
(3) The owner prevails in the civil action.
(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 California Victim Compensation and
Government Claims Board for reasonable attorney's fees incurred in
this civil action if any of the following occurs:
(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) The action was dismissed by the plaintiff without any payment
from the public entity.
(3) The public entity prevails in the civil action.
(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
California Victim Compensation and Government Claims Board for
reasonable attorney's fees incurred in the civil action if any of the
following occurs:
(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) The action was dismissed by the plaintiff without any payment
from the owner or public entity.
(3) The owner or public entity prevails in the civil action.
(d) The California Victim Compensation and Government Claims Board
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) The total of claims allowed by the board pursuant to this
section shall not exceed two hundred thousand dollars ($200,000) per
fiscal year.
846.2. 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.
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) The requirements of subdivision (a) do not apply to monuments
within access-controlled portions of freeways.
(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.
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) 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) 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) 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) 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) 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) The limitation on liability provided by this section shall be
in addition to any other available defense.
848. The owner of mineral rights, as defined by Section 883.110, in
real property shall give a written notice to the owner or the owner'
s representative of the real property who is listed as the assessee
on the current local assessment roll or lessee, if different from the
mineral rights owner, and to any public utility which has a recorded
interest in the real property, if there is to be excavation of the
utility interest, prior to the first entry upon the real property to
prospect for, mine, or extract any mineral. The written notice shall
be given by certified mail or acknowledged personal delivery to the
owner, the owner's representative, or lessee, and shall inform the
owner, the owner's representative, or lessee and the public utility
of the extent and location of the prospecting, mining, or extracting
operation, and the approximate time or times of entry and exit upon
the real property.
If the mineral rights owner has not complied with this notice
requirement, 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.
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.
840. 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.
841. Coterminous owners are mutually bound equally to maintain:
1. The boundaries and monuments between them;
2. The fences between them, unless one of them chooses to let his
land lie without fencing; in which case, if he afterwards incloses
it, he must refund to the other a just proportion of the value, at
that time, of any division fence made by the latter.
841.4. 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.
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) 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) 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) 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.
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) 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. If any owner who is a party to the agreement
refuses to perform or fails after demand in writing to pay the owner'
s proportion of the cost, an action for specific performance or
contribution may be brought against that owner in a court of
competent jurisdiction by the other owners, either jointly or
severally.
(c) In the absence of an agreement, the cost shall be shared
proportionately to the use made of the easement by each owner.
Any owner of the easement, or any owner of land to which the
easement is attached, may apply to any court where the right-of-way
is located and that has jurisdiction over the amount in controversy
for the appointment of an impartial arbitrator to apportion the cost.
The application may be made before, during, or after performance of
the maintenance work. If the arbitration award is not accepted by all
of the owners, the court may enter a judgment determining the
proportionate liability of each owner. The judgment may be enforced
as a money judgment by any party against any other party to the
action.
(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) Snow removal is not expressly precluded by the terms of the
agreement.
(2) Snow removal is necessary to provide access to the properties
served by the easement.
(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) The provisions of this section do not apply to rights-of-way
held or used by railroad common carriers subject to the jurisdiction
of the Public Utilities Commission.
846. 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 such premises to persons entering for
such purpose, except as provided in this section.
A "recreational purpose," as used in this section, includes such
activities 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, winter sports, and
viewing or enjoying historical, archaeological, scenic, natural, or
scientific sites.
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 (a) extend any assurance that the premises are safe for such
purpose, or (b) 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, or (c) assume responsibility for or incur liability for
any injury to person or property caused by any act of such person to
whom permission has been granted except as provided in this section.
This section does not limit the liability which otherwise exists
(a) for willful or malicious failure to guard or warn against a
dangerous condition, use, structure or activity; or (b) for 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; or (c) to any persons who
are expressly invited rather than merely permitted to come upon the
premises by the landowner.
Nothing in this section creates a duty of care or ground of
liability for injury to person or property.
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 California Victim Compensation
and Government Claims Board for reasonable attorney's fees incurred
in this civil action if any of the following occurs:
(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) The action was dismissed by the plaintiff without any payment
from the owner.
(3) The owner prevails in the civil action.
(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 California Victim Compensation and
Government Claims Board for reasonable attorney's fees incurred in
this civil action if any of the following occurs:
(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) The action was dismissed by the plaintiff without any payment
from the public entity.
(3) The public entity prevails in the civil action.
(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
California Victim Compensation and Government Claims Board for
reasonable attorney's fees incurred in the civil action if any of the
following occurs:
(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) The action was dismissed by the plaintiff without any payment
from the owner or public entity.
(3) The owner or public entity prevails in the civil action.
(d) The California Victim Compensation and Government Claims Board
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) The total of claims allowed by the board pursuant to this
section shall not exceed two hundred thousand dollars ($200,000) per
fiscal year.
846.2. 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.
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) The requirements of subdivision (a) do not apply to monuments
within access-controlled portions of freeways.
(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.
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) 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) 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) 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) 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) 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) The limitation on liability provided by this section shall be
in addition to any other available defense.
848. The owner of mineral rights, as defined by Section 883.110, in
real property shall give a written notice to the owner or the owner'
s representative of the real property who is listed as the assessee
on the current local assessment roll or lessee, if different from the
mineral rights owner, and to any public utility which has a recorded
interest in the real property, if there is to be excavation of the
utility interest, prior to the first entry upon the real property to
prospect for, mine, or extract any mineral. The written notice shall
be given by certified mail or acknowledged personal delivery to the
owner, the owner's representative, or lessee, and shall inform the
owner, the owner's representative, or lessee and the public utility
of the extent and location of the prospecting, mining, or extracting
operation, and the approximate time or times of entry and exit upon
the real property.
If the mineral rights owner has not complied with this notice
requirement, 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.
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.
840. 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.
841. Coterminous owners are mutually bound equally to maintain:
1. The boundaries and monuments between them;
2. The fences between them, unless one of them chooses to let his
land lie without fencing; in which case, if he afterwards incloses
it, he must refund to the other a just proportion of the value, at
that time, of any division fence made by the latter.
841.4. 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.
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) 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) 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) 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.
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) 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. If any owner who is a party to the agreement
refuses to perform or fails after demand in writing to pay the owner'
s proportion of the cost, an action for specific performance or
contribution may be brought against that owner in a court of
competent jurisdiction by the other owners, either jointly or
severally.
(c) In the absence of an agreement, the cost shall be shared
proportionately to the use made of the easement by each owner.
Any owner of the easement, or any owner of land to which the
easement is attached, may apply to any court where the right-of-way
is located and that has jurisdiction over the amount in controversy
for the appointment of an impartial arbitrator to apportion the cost.
The application may be made before, during, or after performance of
the maintenance work. If the arbitration award is not accepted by all
of the owners, the court may enter a judgment determining the
proportionate liability of each owner. The judgment may be enforced
as a money judgment by any party against any other party to the
action.
(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) Snow removal is not expressly precluded by the terms of the
agreement.
(2) Snow removal is necessary to provide access to the properties
served by the easement.
(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) The provisions of this section do not apply to rights-of-way
held or used by railroad common carriers subject to the jurisdiction
of the Public Utilities Commission.
846. 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 such premises to persons entering for
such purpose, except as provided in this section.
A "recreational purpose," as used in this section, includes such
activities 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, winter sports, and
viewing or enjoying historical, archaeological, scenic, natural, or
scientific sites.
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 (a) extend any assurance that the premises are safe for such
purpose, or (b) 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, or (c) assume responsibility for or incur liability for
any injury to person or property caused by any act of such person to
whom permission has been granted except as provided in this section.
This section does not limit the liability which otherwise exists
(a) for willful or malicious failure to guard or warn against a
dangerous condition, use, structure or activity; or (b) for 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; or (c) to any persons who
are expressly invited rather than merely permitted to come upon the
premises by the landowner.
Nothing in this section creates a duty of care or ground of
liability for injury to person or property.
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 California Victim Compensation
and Government Claims Board for reasonable attorney's fees incurred
in this civil action if any of the following occurs:
(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) The action was dismissed by the plaintiff without any payment
from the owner.
(3) The owner prevails in the civil action.
(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 California Victim Compensation and
Government Claims Board for reasonable attorney's fees incurred in
this civil action if any of the following occurs:
(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) The action was dismissed by the plaintiff without any payment
from the public entity.
(3) The public entity prevails in the civil action.
(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
California Victim Compensation and Government Claims Board for
reasonable attorney's fees incurred in the civil action if any of the
following occurs:
(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) The action was dismissed by the plaintiff without any payment
from the owner or public entity.
(3) The owner or public entity prevails in the civil action.
(d) The California Victim Compensation and Government Claims Board
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) The total of claims allowed by the board pursuant to this
section shall not exceed two hundred thousand dollars ($200,000) per
fiscal year.
846.2. 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.
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) The requirements of subdivision (a) do not apply to monuments
within access-controlled portions of freeways.
(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.
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) 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) 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) 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) 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) 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) The limitation on liability provided by this section shall be
in addition to any other available defense.
848. The owner of mineral rights, as defined by Section 883.110, in
real property shall give a written notice to the owner or the owner'
s representative of the real property who is listed as the assessee
on the current local assessment roll or lessee, if different from the
mineral rights owner, and to any public utility which has a recorded
interest in the real property, if there is to be excavation of the
utility interest, prior to the first entry upon the real property to
prospect for, mine, or extract any mineral. The written notice shall
be given by certified mail or acknowledged personal delivery to the
owner, the owner's representative, or lessee, and shall inform the
owner, the owner's representative, or lessee and the public utility
of the extent and location of the prospecting, mining, or extracting
operation, and the approximate time or times of entry and exit upon
the real property.
If the mineral rights owner has not complied with this notice
requirement, 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.
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.
