TITLE 3. RIGHTS AND OBLIGATIONS OF OWNERS [818. - 855.]
Title 3 enacted 1872.
§§ 818–855 · 34 sections
CHAPTER 1. Rights of Owners §§ 818–835 · 17 sections
ARTICLE 1. Incidents of Ownership §§ 818–827 · 10 sections
- § 818 The owner of a life estate may use the land in the same manner as the owner of a fee simple, except that he must do no act to the injury of the inheritance.
- § 819 A tenant for years or at will, unless he is a wrong-doer by holding over, may occupy the buildings, take the annual products of the soil, work mines and…
- § 820 A tenant for years or at will has no other rights to the property than such as are given to him by the agreement or instrument by which his tenancy is…
- § 821 A person to whom any real property is transferred or devised, upon which rent has been reserved, or to whom any such rent is transferred, is entitled to the…
- § 822 Whatever remedies the lessor of any real property has against his immediate lessee for the breach of any agreement in the lease, or for recovery of the…
- § 823 Whatever remedies the lessee of any real property may have against his immediate lessor, for the breach of any agreement in the lease, he may have against the…
- § 824 Rent due upon a lease for life may be recovered in the same manner as upon a lease for years.
- § 825 Rent dependent on the life of a person may be recovered after as well as before his death.
- § 826 A person having an estate in fee, in remainder or reversion, may maintain an action for any injury done to the inheritance, notwithstanding an intervening…
- § 827 (a) (1) Except as provided in subdivision (b), in all leases of lands or tenements, or of any interest therein, from week to week, month to month, or other…
ARTICLE 2. Boundaries §§ 829–835 · 7 sections
- § 829 The owner of land in fee has the right to the surface and to everything permanently situated beneath or above it.
- § [830.] 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…
- § 831 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.
- § 832 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…
- § 833 Trees whose trunks stand wholly upon the land of one owner belong exclusively to him, although their roots grow into the land of another.
- § 834 Trees whose trunks stand partly on the land of two or more coterminous owners, belong to them in common.
- § 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…
CHAPTER 2. Obligations of Owners §§ 840–848 · 11 sections
- § 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…
- § 841 (a) Adjoining landowners shall share equally in the responsibility for maintaining the boundaries and monuments between them. (b) (1) Adjoining landowners are…
- § 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…
- § 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…
- § 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)…
- § 846 (a) 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 848 (a) Except as provided in subdivision (c), the owner of mineral rights, as defined by Section 883.110, in real property shall give a written notice prior to…
CHAPTER 3. Environmental Responsibility Acceptance Act §§ 850–855 · 6 sections
- § 850 The definitions set forth in Section 25260 of the Health and Safety Code govern the construction of this chapter. In addition, the following definitions apply…
- § 851 (a) An owner of a site who has actual awareness of a release exceeding the notification threshold shall take all reasonable steps as defined in subdivision (j)…
- § 852 (a) Within 45 days after issuance of the commitment statement, the owner may transmit to the notice recipient by certified mail, return receipt requested, an…
- § 853 (a) Neither the failure to issue a commitment statement nor its issuance shall be construed as an admission that the recipient of the notice of potential…
- § 854 A commitment statement shall be executed in substantially the following form: COUNTY OF STATE OF CALIFORNIA NOTICE OF ASSUMPTION OF GOVERNMENT IMPOSED SITE…
- § 855 The notification requirements of Section 851 shall not become effective until 180 days after the effective date of this chapter.