Obligations of Owners

Civil Code Division 2, Part 2, Title 3, Chapter 2 deals with obligations of owners of real property in California.

Section 840 provides that 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.

Section 841 requires adjoining landowners to share equally in the responsibility for maintaining the boundaries and monuments between them. Adjoining landowners are presumed to share an equal benefit from any fence dividing their properties and, unless otherwise agreed to by the parties in a written agreement, must be presumed to be equally responsible for the reasonable costs of construction, maintenance, or necessary replacement of the fence.

Section 841.4 provides that 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. 

Section 843 states that, 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 co-tenants or the instrument creating the co-tenancy or another written instrument that indicates the possessory rights or remedies of the co-tenants. This section supplements and does not limit any other means by which an ouster may be established.

Section 845 explains that 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, is required to maintain it in repair. If any owner refuses to perform, or fails after demand in writing to pay the owner’s proportion of the cost, an action to recover that owner’s share of the cost, or for specific performance or contribution, may be brought by the other owners, either jointly or severally. The action may be brought before, during, or after performance of the maintenance work, as specified in this section.

Section 846 states that 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 those premises to persons entering for a recreational purpose, except as provided in this section. The term “recreational purpose” is defined. This section does not limit the liability which otherwise exists for any of three specified actions. This section does not create a duty of care or ground of liability for injury to person or property.

Section 846.1 sets forth that 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 Department of General Services for reasonable attorney’s fees incurred in this civil action if any of the three specified instances occur.

Section 846.2 explains that no cause of action arises 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.

Section 846.5 says that 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 is 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 must be notified of the proposed time of entry where practicable.

Section 847 states that an owner, including a public entity, of any estate or any other interest in real property, whether possessory or nonpossessory, is not to 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 this section by the injured or deceased person. 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.

Section 848 provides that the owner of mineral rights in real property is required to give a written notice prior to the first entry to the owner of the real property who is listed as the assessee on the current local assessment roll or to the owner’s representative, or to the lessee of the real property if different from the mineral rights owner, and to any public utility that has a recorded interest in the real property if there is to be excavation of the utility interest, under the specified circumstances. The terms “emergency” and “acknowledged personal delivery” are defined.