================================================================================ CALIFORNIA CODES COMPILATION Public Resources Codes, Government Codes, and Civil Codes ================================================================================ Compiled from California Legislative Information (leginfo.legislature.ca.gov) Note: This compilation is for reference purposes. Always verify with official sources for current, authoritative text. ================================================================================ PART I: PUBLIC RESOURCES CODE SECTIONS 8801-8819 (California Coordinate System) ================================================================================ SECTION 8801 - DEFINITIONS AND COORDINATE SYSTEMS (a) The "California Coordinate System of 1927" is based on the North American Datum of 1927, established by the United States Coast and Geodetic Survey. (b) The "California Coordinate System of 1983" is based on the North American Datum of 1983, established by the National Geodetic Survey. (c) Definitions include: - "NAD27" and "NAD83" referencing the respective datums - "CCS27" and "CCS83" for the coordinate systems - "CCS2022" for the California Coordinate System of 2022 - "GPS" means "Global Positioning System and includes other, similar space-based systems" (d) "The California portion of the system of plane coordinates defined as the State Plane Coordinates System of 2022" shall be known as the "California Coordinate System of 2022." (e) "State Plane Coordinates" refers only to the three coordinate systems: CCS27, CCS83, and CCS2022. (Amended effective January 1, 2024) -------------------------------------------------------------------------------- SECTION 8802 - ZONE STRUCTURE For CCS27, the state is divided into seven zones. For CCS83, the state is divided into six zones. CCS27 uses Lambert conformal conic projection based on Clarke's Spheroid of 1866 (NAD27). CCS83 uses Lambert conformal conic projection based on the Geodetic Reference System of 1980 (NAD83). Control Points: - CCS27 zones 1-6: Northing = 000.00 feet; Easting = 2,000,000 feet - CCS27 zone 7: Northing = 4,160,926.74 feet; Easting = 4,186,692.58 feet - CCS83 zones: Northing = 500,000 meters; Easting = 2,000,000 meters The statute delineates which California counties (and certain Channel Islands) comprise each zone, with Zone 7 of CCS27 (Los Angeles County) being absorbed into Zone 5 of CCS83. (Amended Stats. 2005, Ch. 158, Sec. 29.3) -------------------------------------------------------------------------------- SECTION 8803 - ZONE 1 COORDINATES Zone 1 coordinates shall be named, and, on any map on which they are used, they shall be designated as "CCS27, Zone 1 or CCS83, Zone 1." Standard parallels are positioned at north latitudes 40°00' and 41°40', where the scale remains exact. The control point is established at the intersection of the central meridian (122°00' west longitude) and the parallel at 39°20' north latitude. (Amended Stats. 1986, Ch. 611, Sec. 3) -------------------------------------------------------------------------------- SECTION 8804 - ZONE 2 COORDINATES Zone 2 coordinates shall be named and designated on maps as "CCS27, Zone 2 or CCS83, Zone 2." The standard parallels of CCS27, Zone 2 and CCS83, Zone 2 are positioned at north latitudes 38 degrees 20 minutes and 39 degrees 50 minutes, with exact scale along these parallels. The coordinate control point is located at the intersection of the zone's central meridian at 122 degrees 00 minutes west longitude with the parallel at 37 degrees 40 minutes north latitude. (Amended Stats. 1986, Ch. 611, Sec. 4) -------------------------------------------------------------------------------- SECTION 8805 - ZONE 3 COORDINATES Zone 3 coordinates shall be named and designated on maps as "CCS27, Zone 3 or CCS83, Zone 3." Standard parallels are at north latitudes 37°04' and 38°26', where the scale maintains exact measurements. The control point is located where the zone's central meridian (120°30' west longitude) intersects with the 36°30' north latitude parallel. (Amended Stats. 1986, Ch. 611, Sec. 5) -------------------------------------------------------------------------------- SECTION 8806 - ZONE 4 COORDINATES Zone 4 coordinates shall be named, and, on any map on which they are used, they shall be designated as "CCS27, Zone 4 or CCS83, Zone 4." Standard parallels are positioned at north latitudes of 36°00' and 37°15', where the scale remains accurate. The control point sits at the intersection of the zone's central meridian (119°00' west longitude) and the 35°20' north latitude parallel. (Amended Stats. 1986, Ch. 611, Sec. 6) -------------------------------------------------------------------------------- SECTION 8807 - ZONE 5 COORDINATES Zone 5 coordinates shall be named and designated on maps as "CCS27, Zone 5 or CCS83, Zone 5." The standard parallels for both CCS27, Zone 5 and CCS83, Zone 5 are positioned at north latitudes 34°02' and 35°28', where the scale is exact along these parallels. The coordinate control point is located at the intersection of the zone's central meridian (118°00' west longitude) and the 33°30' north latitude parallel. (Amended Stats. 1986, Ch. 611, Sec. 7) -------------------------------------------------------------------------------- SECTION 8808 - ZONE 6 COORDINATES Zone 6 coordinates shall be designated as "CCS27, Zone 6 or CCS83, Zone 6" on any maps where they appear. Standard parallels are at north latitudes 32° 47' and 33° 53', where the scale is exact along these parallels. The control point is located at the intersection of the zone's central meridian (116° 15' west longitude) and the parallel at 32° 10' north latitude. (Amended Stats. 1986, Ch. 611, Sec. 8) -------------------------------------------------------------------------------- SECTION 8809 - ZONE 7 COORDINATES Zone 7 coordinates shall be named, and on any map where they appear, they must be labeled as "CCS27, Zone 7." The standard parallels for CCS27, Zone 7 are positioned at north latitudes 33°52' and 34°25', with exact scale maintained along these lines. The coordinate control point is situated where the zone's central meridian (118°20' west longitude) intersects the 34°08' north latitude parallel. (Amended Stats. 2005, Ch. 158, Sec. 29.4) -------------------------------------------------------------------------------- SECTION 8810 - PLANE COORDINATES STANDARDS Coordinates comprise two distances: the "East x-coordinate" measuring distance east of the Y axis, and the "North y-coordinate" measuring distance north of the X axis. These distances are "expressed in feet and decimals of a foot or meters and decimals of a meter." For CCS27 and CCS83, the U.S. Survey foot applies (1 foot = 1200/3937 meters). For CCS2022, the international foot standard governs (1 foot = 0.3048 meters). The Y axis remains parallel with each zone's central meridian, while the X axis maintains perpendicularity to that meridian. (Amended Stats. 2023, Chapter 111, Section 2 (SB 566), effective January 1, 2024) -------------------------------------------------------------------------------- SECTION 8811 - SURVEYS ACROSS ZONE BOUNDARIES If the survey of any parcel of land extends from one coordinate zone into another, the positions of all points delineated upon the map thereof may be referred to either of these zones. The zone which is used shall be specifically named in the title upon the map. (Stats. 2002, Ch. 454, Sec. 26) -------------------------------------------------------------------------------- SECTION 8812 - PRE-2000 SURVEY STANDARDS Prior to January 1, 2000, state plane coordinates shall be based on, or derived from, the plane coordinates of monumented second order or better horizontal control stations that have been published by the USC&GS or NGS. Any survey or map that uses those coordinates shall be based on, and show, established field-observed direct connections to at least two stations of corresponding or better accuracy whose credentials are based upon published stations of the USC&GS or NGS. The geodetic positions of CCS27 and CCS83 stations that are used to increase the density of control and that purport to be of second order or better accuracy shall have been surveyed in conformity with the applicable survey standards and specifications in effect at the time of the survey as defined by the FGCS. (Stats. 2002, Ch. 454, Sec. 27) -------------------------------------------------------------------------------- SECTION 8813 - 2000-2006 SURVEY STANDARDS After December 31, 1999, and prior to January 1, 2006, any survey or map that uses state plane coordinates shall be based on, and show, field-observed direct connections to at least two horizontal reference stations meeting one of three criteria: stations within the California Spatial Reference Network (CSRN), stations outside California meeting CSRN requirements except location, or stations appearing on filed maps whose positions were determined using Global Positioning System methods following specified standards with connections to CSRN stations. (Amended Stats. 2005, Ch. 158, Sec. 29.5) -------------------------------------------------------------------------------- SECTION 8814 - COORDINATE USE IN PROPERTY IDENTIFICATION State plane coordinates are permissible for identifying property on maps, surveys, conveyances, and instruments affecting real property titles. However, to establish constructive notice upon recording, the property identification must also reference recorded data from an office whose records create constructive notice. The recorded data must independently identify the property without relying on the coordinates, and "in case of conflict between them, the references to that recorded data shall be controlling for the purpose of determining constructive notice under the recording laws." (Amended Stats. 1986, Ch. 611, Sec. 13) -------------------------------------------------------------------------------- SECTION 8815 - COORDINATE SYSTEM NAMING REQUIREMENTS The use of the term "California Coordinate System" on any map or document or in any field notes shall be suffixed either with "27" (shown as "CCS27") for coordinates based on NAD27, with "83" (shown as "CCS83") for coordinates based on NAD83, and with "2022" (shown as CCS2022) for coordinates based upon NATRF2022 or PATRF2022. (Amended Stats. 2023, Ch. 111, Sec. 3, effective January 1, 2024) -------------------------------------------------------------------------------- SECTION 8816 - OPTIONAL USE The use of the State Plane Coordinates by any person, corporation, or governmental agency engaged in land surveying or mapping is optional. (Amended Stats. 1986, Ch. 611, Sec. 15) -------------------------------------------------------------------------------- SECTION 8817 - TRANSITION REQUIREMENTS Prior to January 1, 1995, use of State Plane Coordinates for new projects may be based either on CCS27 or CCS83. On or after January 1, 1995, when State Plane Coordinates are used on new surveys and new mapping projects, the use shall be limited to CCS83. However, this section does not preclude a survey from retracement of a CCS27 survey. After January 1, 2025, new surveys and mapping projects may be based upon CCS2022. (Amended Stats. 2023, Ch. 111, Sec. 9 (SB 566), effective January 1, 2024) -------------------------------------------------------------------------------- SECTION 8818 - PRESERVATION OF EXISTING RIGHTS This chapter does not impair or invalidate land titles, legal descriptions, or jurisdictional or land boundaries and, further, this chapter does not impair or invalidate references to, or the use of, CCS 27 coordinates, except as provided in Section 8817. (Added Stats. 1986, Ch. 611, Sec. 17) -------------------------------------------------------------------------------- SECTION 8819 - NEW SURVEYING TECHNOLOGIES This chapter does not prohibit the use of new surveying technologies or techniques for which FGCS specifications or other accepted specifications have not yet been published. (Amended Stats. 2005, Ch. 158, Sec. 29.13) ================================================================================ PART II: GOVERNMENT CODE SUBDIVISION MAP ACT SECTIONS 66410-66499.58 ================================================================================ CHAPTER 1 - GENERAL PROVISIONS -------------------------------------------------------------------------------- SECTION 66410 - SHORT TITLE This division may be cited as the Subdivision Map Act. (Enacted 1974) -------------------------------------------------------------------------------- SECTION 66411 - LOCAL AGENCY AUTHORITY Local agencies regulate subdivision design and improvements through ordinances. They must address grading, erosion control, and sedimentation prevention. Regulations for some subdivisions cannot be more restrictive than those requiring tentative and final maps. -------------------------------------------------------------------------------- SECTION 66411.1 - NON-SUBDIVISION PARCELS For non-subdivision parcels, regulations are limited to dedication of rights-of-way, easements, and the construction of reasonable offsite and onsite improvements. Construction requirements must be noted on parcel maps and can be deferred until development permits are issued. -------------------------------------------------------------------------------- SECTION 66411.5 - JUDICIAL PARTITION MAPS When judicial partition maps are required under contract (agricultural conservation contracts), agencies may establish monetary exactions but must defer payment and dedication acceptance until contract termination. -------------------------------------------------------------------------------- SECTION 66411.7 - URBAN LOT SPLITS This section allows ministerial approval of parcel maps creating up to two parcels in single-family zones within urbanized areas. Key requirements include minimum lot sizes (1,200 sq ft), principal residence occupancy for three years, and prohibitions on demolishing rent-controlled housing or occupied units. (Added effective 2025) -------------------------------------------------------------------------------- SECTION 66412 - EXEMPTIONS The division does not apply to apartment/commercial space leasing, mineral leases, cemetery dedications, lot line adjustments between four or fewer parcels, and various renewable energy/utility projects. -------------------------------------------------------------------------------- SECTION 66412.1 - COMMERCIAL/INDUSTRIAL EXEMPTIONS Exemptions include financing or leasing commercial/industrial buildings on single parcels (unless subject to other design regulations). -------------------------------------------------------------------------------- SECTION 66412.2 - DWELLING UNIT EXEMPTIONS Dwelling units under Section 65852.1 and accessory dwelling units are exempt from subdivision provisions except for sales or transfers (not leasing). -------------------------------------------------------------------------------- SECTION 66412.3 - HOUSING NEEDS CONSIDERATION Agencies must "consider the effect of ordinances...on the housing needs of the region" while balancing service and resource constraints. -------------------------------------------------------------------------------- SECTION 66412.5 - LOCAL EXEMPTION ORDINANCES Local ordinances may exempt subdivisions of four parcels or less for removable commercial buildings under 100 square feet. -------------------------------------------------------------------------------- SECTION 66412.6 - PRE-1972 PARCEL PRESUMPTION Parcels created before March 4, 1972, with fewer than five lots are presumed lawfully created if no local ordinance regulated such divisions at that time. -------------------------------------------------------------------------------- SECTION 66412.7 - SUBDIVISION ESTABLISHMENT DATE Subdivisions are deemed established on "the date of recordation of the final map or parcel map." -------------------------------------------------------------------------------- SECTION 66412.8 - LOS ANGELES COUNTY PROVISION Projects approved in Los Angeles County before this section's effective date are not violations if roadway/bridge construction fails due to easement relinquishment for state wetlands acquisition. -------------------------------------------------------------------------------- SECTION 66412.9 - NONPROFIT AGRICULTURAL HOUSING Leases of up to five acres to nonprofits for agricultural labor housing (30+ year leases executed before 2017) are exempt. -------------------------------------------------------------------------------- SECTION 66413 - ANNEXATION TO CITIES When subdivisions are annexed to cities, final maps continue governing the subdivision; pending maps must comply with city ordinances. -------------------------------------------------------------------------------- SECTION 66413.5 - NEWLY INCORPORATED CITIES When areas with approved tentative maps are incorporated into newly formed cities, those cities must approve final maps meeting tentative map conditions and state requirements (with health/safety exceptions). -------------------------------------------------------------------------------- ARTICLE 2 - DEFINITIONS (SECTIONS 66414-66424.6) SECTION 66414 - "Advisory agency" means a designated official or body authorized to approve, conditionally approve, or disapprove maps. SECTION 66415 - "Design" means street alignments, grades, widths, alignment and widths of easements and rights-of-way, lot size and configuration, traffic access, grading, drainage, and other physical improvements. SECTION 66416 - "Improvement" means street work, utilities, and other required physical enhancements. SECTION 66418 - "Local agency" means a city, county, or city and county. SECTION 66419 - "Local ordinance" means an ordinance enacted under this division's authority. SECTION 66420 - "Real property" includes any interest in property entitling the holder to exclusive possession. SECTION 66424 - "Subdivision" means the division of improved or unimproved land for sale, lease, or financing. SECTION 66424.5 - "Tentative map" means a map made for purpose of showing the design and improvement of a proposed subdivision. SECTION 66424.6 - "Vesting tentative map" means a tentative map with the additional notation "Vesting Tentative Map." -------------------------------------------------------------------------------- CHAPTER 2 - PROCEDURE (SECTIONS 66425-66443) SECTION 66425 - Tentative, final, and parcel maps requirements "shall be governed by the provisions of this chapter." SECTION 66426 - Requires tentative and final maps for subdivisions creating five or more parcels, condominiums, community apartments, or stock cooperatives, with exceptions including small parcels under five acres or larger parcels with approved highway access. SECTION 66426.5 - Conveyances to governmental agencies, public entities, or utilities for rights-of-way "shall not be considered a division of land" when calculating parcel numbers. SECTION 66427 - Condominium project maps need not depict building design or location, and "the governing body may not refuse approval...on account of the absence of a condominium plan." SECTION 66427.1 - Tenant Notifications: Mandates tenant notifications before conversion approval, requiring notices about conversion intent, public reports, and exclusive purchase rights lasting minimum 90 days. SECTION 66427.2 - Conversion provisions "shall not apply to condominium projects...which consist of the subdivision of airspace in an existing structure, unless new units are to be constructed." SECTION 66427.4 - Requires subdividers converting mobilehome parks or floating home marinas to comply with displacement mitigation standards per Section 65863.7. SECTION 66427.5 - Mandates subdividers converting rental mobilehome parks offer tenants purchase options and implement rent increase protections for lower-income households. SECTION 66427.6 - Parallels Section 66427.5 requirements for floating home marina conversions. SECTION 66428 - Allows local ordinances to waive parcel map requirements when the legislative body finds compliance with divisional standards regarding area, improvements, and public infrastructure. SECTION 66428.1 - Waives mapping requirements when two-thirds of mobilehome or floating home residents petition for conversion to resident ownership, with limited exceptions for health/safety concerns. SECTION 66429 - "Only final and parcel maps may be filed for record" with county recorders. SECTION 66430 - Requires written consent from "all parties having any record title interest" before filing subdivision maps. SECTION 66431 - Permits county surveyors to perform city engineer duties upon mutual legislative body agreement. -------------------------------------------------------------------------------- ARTICLE 2 - CONTENT AND FORM (SECTIONS 66433-66443) SECTION 66433 - "The content and form of final maps shall be governed by the provisions of this article." SECTION 66434 - Maps must be prepared by registered civil engineers or licensed land surveyors, based on surveys, with specifications including: 18x26 inch sheets, distinctive boundary symbols, parcel numbering, street designations, survey data showing distances and bearings, and public easement delineation. SECTION 66434.1 - When an owner's development lien exists under Education Code provisions, the final map must reference the recording instrument number and note that each parcel created is subject to a prorated lien amount. SECTION 66434.2 - Local jurisdictions may require supplementary documents filed concurrently with maps, including building setbacks, flood zones, seismic data, geologic mapping, and archaeological site information—marked as informational only, not affecting title. SECTION 66434.5 - "Each report shall be kept on file for public inspection by the city or county having jurisdiction." SECTION 66435-66435.2 - Certificates, statements, and acknowledgments must appear on maps before filing. Local agencies may require these as separate recorded instruments with cross-references on the map. SECTION 66436 - Consent Requirements: "A statement, signed and acknowledged by all parties having any record title interest" is required, with enumerated exceptions for tax liens, trust deed holders, easements, mineral rights, and federal/state patents. SECTION 66439 - Dedications require statements signed by all record title interest holders. Maps must specify whether dedications are in fee or easement form using prescribed language. SECTION 66440 - The approving legislative body clerk must certify approval and acceptance status of dedicated property. SECTION 66441 - The responsible professional must certify survey completion, monument placement, and completeness sufficient for survey retracing. SECTION 66442 - County surveyors (unincorporated areas) or city engineers must verify map conformity with tentative maps, applicable ordinances, and technical accuracy within twenty days of submission. SECTION 66442.5 - Specifies exact language for engineer/surveyor statements and recorder certification, including spaces for dates, book/page references, and professional credentials. SECTION 66443 - Maps must contain "other certificates and acknowledgments as are required by local ordinance." -------------------------------------------------------------------------------- CHAPTER 3 - PROCEDURE (SECTIONS 66451-66463.5) ARTICLE 1 - GENERAL PROVISIONS SECTION 66451 - Establishes procedural rules for "processing, approval, conditional approval or disapproval and filing of tentative, final and parcel maps." SECTION 66451.1 - Time limit extensions and temporary contractor employment provisions. SECTION 66451.2 - Permits reasonable fees for map processing. SECTION 66451.3-66451.7 - Cover notice requirements, disapproval standards, and application timelines. ARTICLE 1.5 - MERGER OF PARCELS (SECTIONS 66451.10-66451.24) SECTION 66451.10 - Prevents automatic merger of contiguous parcels held by same owner. SECTION 66451.11-66451.24 - Establish merger procedures, including notice requirements, hearings, and special provisions for Napa County agricultural lands. ARTICLE 1.7 - UNMERGER OF PARCELS (SECTIONS 66451.30-66451.33) SECTION 66451.30 - Specifies criteria for parcels deemed unmerged as of January 1, 1984. SECTION 66451.31-66451.33 - Detail application procedures and fee authority. ARTICLE 2 - TENTATIVE MAPS (SECTIONS 66452-66452.27) SECTION 66452 - Filing procedures for tentative and vesting tentative maps. SECTION 66452.1-66452.6 - Establish agency timelines and approval processes. SECTION 66452.6 - Map Expiration: Addresses map expiration (24 months standard, with extensions possible). SECTION 66452.10 - Conversion requirements for cooperatives and community apartment projects to condominiums require specified ownership approval. SECTION 66452.17-66452.27 - Tenant notification requirements and various expiration date extensions (2008-2020 provisions). ARTICLE 2.5 - NEW RENTAL HOUSING CONVERSION (SECTIONS 66452.50-66452.51) Permits binding agreements requiring rental housing periods of minimum 10 years before conversion. ARTICLE 3 - REVIEW PROCEDURES (SECTIONS 66453-66455.9) SECTION 66453 - Permits local agencies to recommend on subdivisions in adjoining territories. SECTION 66454 - Allows subdividers to file tentative maps for unincorporated territory with adjacent cities. SECTION 66455 - Department of Transportation review provisions. SECTION 66455.1 - Department of Water Resources review provisions. SECTION 66455.3 - Water supplier notification requirements. SECTION 66455.7 - School district notification requirements. SECTION 66455.9 - Public schoolsite considerations. ARTICLE 4 - FINAL MAPS (SECTIONS 66456-66462.5) SECTION 66456 - Allows subdividers to "cause the real property included within the map...to be surveyed and a final map thereof prepared in accordance with the approved or conditionally approved tentative map." SECTION 66456.1 - Permits filing "multiple final maps relating to an approved or conditionally approved tentative map." SECTION 66456.2 - Improvement plans must be "prepared by a registered civil engineer and acted on within 60 working days of its submittal." SECTION 66457 - Final maps "may be filed with the legislative body for approval after all required certificates or statements on the map have been signed." SECTION 66458 - The legislative body must "approve the map if it conforms to all the requirements of this chapter and any local subdivision ordinance." SECTION 66459 - Tenant notifications in condominium/cooperative conversions. SECTION 66462 - Requires subdividers to enter agreements guaranteeing "completion of public improvements." SECTION 66462.5 - Prohibits agencies from refusing final map approval based on offsite improvements the subdivider cannot legally construct. ARTICLE 5 - PARCEL MAPS (SECTIONS 66463-66463.5) SECTION 66463 - "The procedure for processing, approval, conditional approval, or disapproval and filing of parcel maps...shall be as provided by local ordinance." SECTION 66463.1 - Multiple parcel maps provisions. SECTION 66463.5 - Tentative map expiration provisions (24 months plus extensions). -------------------------------------------------------------------------------- CHAPTER 4 - REQUIREMENTS (SECTIONS 66473-66482) SECTION 66473 - Maps must meet division requirements; disapproval requires findings identifying unmet conditions. SECTION 66473.1 - Subdivisions should provide "passive or natural heating or cooling opportunities" where feasible. SECTION 66473.3 - Cities/counties may require cable television and communication systems in subdivisions. SECTION 66473.5 - Tentative maps must be consistent with adopted general or specific plans. SECTION 66473.6 - Telephone/cable relocation costs are developer's responsibility. SECTION 66473.7 - Large residential projects need verification of "sufficient water supply" from public water systems. SECTION 66474 - DENIAL CRITERIA: Denial criteria include inconsistency with plans, unsuitable sites, environmental damage, public health problems, and easement conflicts. SECTION 66474.02 - Fire hazard areas require findings about consistency with state forestry regulations and available fire protection services. SECTION 66474.4 - Agricultural land subdivisions cannot reduce parcels below minimum sizes protecting farming viability. SECTION 66477-66478 - Requirements for public dedications: parks, recreational facilities, schools, and public access to waterways and coastlines. SECTION 66479-66482 - Provisions for reserving land for public uses with acquisition agreements. -------------------------------------------------------------------------------- CHAPTER 5 - IMPROVEMENT SECURITY (SECTIONS 66499-66499.9) SECTION 66499 - Types of acceptable security include: corporate surety bonds, cash deposits with escrow agents, letters of credit from financial institutions, property liens, or other forms approved by local ordinance. SECTION 66499.1 - Specifies the required form for corporate surety bonds. SECTION 66499.2 - Details the form for payment bonds securing laborers and material suppliers. SECTION 66499.3 - Establishes security amounts at 50-100% of improvement costs for performance, plus an additional 50-100% for labor and materials. SECTION 66499.7 - Governs security release procedures. SECTION 66499.9 - Limits liability to work performance, changes under 10% of costs, one-year warranty guarantees, and reasonable enforcement expenses. -------------------------------------------------------------------------------- CHAPTER 6 - REVERSIONS AND EXCLUSIONS (SECTIONS 66499.11-66499.29) ARTICLE 1 - REVERSION TO ACREAGE SECTION 66499.11 - Subdivided property may be converted back to acreage. SECTION 66499.12 - The legislative body or all property owners may initiate reversion proceedings. SECTION 66499.13 - Petition requirements for reversion. SECTION 66499.14 - Processing fee authority. SECTION 66499.15 - Public hearing requirements. SECTION 66499.16 - Reversion is allowed if dedications are unnecessary and either all owners consent, required improvements weren't completed within two years, or no lots sold within five years. SECTION 66499.17 - Conditions for reversion. SECTION 66499.18 - Reversion becomes effective upon the final map's recording. SECTION 66499.19 - Fee and deposit return provisions. SECTION 66499.20 - Tax bonds are not required in reversion proceedings. SECTION 66499.20.1 - Parcel map provisions for reverting land. SECTION 66499.20.2 - Merger and resubdivision provisions. SECTION 66499.20.3 - Contiguous parcel merger provisions. ARTICLE 2 - EXCLUSIONS SECTION 66499.21 - Superior courts may exclude subdivided property and alter or vacate recorded maps. SECTION 66499.22 - Petition requirements (two-thirds of total area). SECTION 66499.23 - New map requirements. SECTION 66499.24 - Notice publication requirements (five weeks). SECTION 66499.25 - Courts may exclude property with satisfactory evidence. SECTION 66499.26 - Hearing requirements for material objections. SECTION 66499.27 - Exclusions cannot affect public streets or highways. SECTION 66499.28 - Court decrees must be recorded. SECTION 66499.29 - New map filing requirements. -------------------------------------------------------------------------------- CHAPTER 7 - ENFORCEMENT (SECTIONS 66499.30-66499.38) SECTION 66499.30 - PROHIBITION: "No person shall sell, lease, or finance any parcel...until the final map thereof in full compliance with this division...has been filed for record." SECTION 66499.31 - PENALTIES: Violators face criminal liability: "Each violation...shall be punishable by imprisonment...not exceeding one year or in the state prison, by a fine not exceeding ten thousand dollars ($10,000), or by both." SECTION 66499.32-66499.36 - Remedies including voiding deeds within one year, civil damages claims, injunctive relief, and certificate of compliance procedures. SECTION 66499.37-66499.38 - JUDICIAL REVIEW: Actions challenging subdivision decisions must commence within 90 days or be barred permanently. ================================================================================ PART III: CALIFORNIA CIVIL CODE ================================================================================ TITLE 1 - PRELIMINARY PROVISIONS -------------------------------------------------------------------------------- SECTION 18 - NOTICE Notice is: 1. Actual—which consists in express information of a fact; or, 2. Constructive—which is imputed by law. (Enacted 1872) ================================================================================ TITLE 1 - NATURE OF PROPERTY (SECTIONS 654-663) ================================================================================ SECTION 654 - OWNERSHIP DEFINED The ownership of a thing is the right of one or more persons to possess and use it to the exclusion of others. In this Code, the thing of which there may be ownership is called property. (Enacted 1872) -------------------------------------------------------------------------------- SECTION 655 - SUBJECTS OF OWNERSHIP There may be ownership of all inanimate things which are capable of appropriation or of manual delivery; of all domestic animals; of all obligations; of such products of labor or skill as the composition of an author, the good will of a business, trade marks and signs, and of rights created or granted by statute. (Enacted 1872) -------------------------------------------------------------------------------- SECTION 656 - WILD ANIMALS Animals wild by nature are the subjects of ownership, while living, only when on the land of the person claiming them, or when tamed, or taken and held in possession, or disabled and immediately pursued. (Enacted 1872) -------------------------------------------------------------------------------- SECTION 657 - CLASSIFICATION OF PROPERTY Property is either: 1. Real or immovable; or, 2. Personal or movable. (Enacted 1872) -------------------------------------------------------------------------------- SECTION 658 - REAL PROPERTY DEFINED Real or immovable property consists of: 1. Land; 2. That which is affixed to land; 3. That which is incidental or appurtenant to land; 4. That which is immovable by law; except that for the purposes of sale, emblements, industrial growing crops and things attached to or forming part of the land, which are agreed to be severed before sale or under the contract of sale, shall be treated as goods and be governed by the provisions of the title of this code regulating the sales of goods. (Amended Stats. 1931, Ch. 1070) -------------------------------------------------------------------------------- SECTION 659 - LAND DEFINED Land is the material of the earth, whatever may be the ingredients of which it is composed, whether soil, rock, or other substance, and includes free or occupied space for an indefinite distance upwards as well as downwards, subject to limitations upon the use of airspace imposed, and rights in the use of airspace granted, by law. (Amended Stats. 1963, Ch. 860) -------------------------------------------------------------------------------- SECTION 660 - AFFIXED TO LAND A thing is deemed to be affixed to land when it is attached to it by roots, as in the case of trees, vines, or shrubs; or imbedded in it, as in the case of walls; or permanently resting upon it, as in the case of buildings; or permanently attached to what is thus permanent, as by means of cement, plaster, nails, bolts, or screws; except that for the purposes of sale, emblements, industrial growing crops and things forming part of the land may be treated as goods subject to sales law if the parties agree they will be separated before or during the sale. (Amended Stats. 1931, Ch. 1070) -------------------------------------------------------------------------------- SECTION 661 - [Section not retrieved - verify with official source] -------------------------------------------------------------------------------- SECTION 662 - INCIDENTAL OR APPURTENANT A thing is deemed to be incidental or appurtenant to land when it is by right used with the land for its benefit, as in the case of a way, or watercourse, or of a passage for light, air, or heat from or across the land of another. (Enacted 1872) -------------------------------------------------------------------------------- SECTION 663 - PERSONAL PROPERTY Every kind of property that is not real is personal. (Enacted 1872) ================================================================================ TITLE 2 - OWNERSHIP (SECTIONS 669-671) ================================================================================ SECTION 669 - ALL PROPERTY HAS AN OWNER All property has an owner, whether that owner is the State, and the property public, or the owner an individual, and the property private. The State may also hold property as a private proprietor. (Enacted 1872) -------------------------------------------------------------------------------- SECTION 670 - STATE OWNERSHIP The State is the owner of all land below tide water, and below ordinary high-water mark, bordering upon tide water within the State; of all land below the water of a navigable lake or stream; of all property lawfully appropriated by it to its own use; of all property dedicated to the State; and of all property of which there is no other owner. (Amended by Code Amendments 1873-74, Ch. 612) -------------------------------------------------------------------------------- SECTION 671 - PERSON MAY HOLD PROPERTY Any person, regardless of their citizenship status, may take, hold, and dispose of property, real or personal, within this state. (Amended Stats. 2021, Ch. 296, Sec. 12 (AB 1096), effective January 1, 2022) ================================================================================ SECTION 784 - RESTRICTION DEFINED ================================================================================ "Restriction," when used in a statute that incorporates this section by reference, means a limitation on, or provision affecting, the use of real property in a deed, declaration, or other instrument, whether in the form of a covenant, equitable servitude, condition subsequent, negative easement, or other form of restriction. (Added Stats. 1998, Ch. 14, Sec. 1, effective January 1, 1999) ================================================================================ CHAPTER 3 - SERVITUDES (SECTIONS 801-813) ================================================================================ SECTION 801 - EASEMENTS DEFINED The following land burdens, or servitudes upon land, may be attached to other land as incidents or appurtenances, and are then called easements: 1. The right of pasture 2. The right of fishing 3. The right of taking game 4. The right of way 5. The right of taking water, wood, minerals, and other things 6. The right of transacting business upon land 7. The right of conducting lawful sports upon land 8. The right of receiving air, light, or heat from or over, or discharging the same upon or over land 9. The right of receiving water from or discharging the same upon land 10. The right of flooding land 11. The right of having water flow without diminution or disturbance of any kind 12. The right of using a wall as a party wall 13. The right of receiving more than natural support from adjacent land or things affixed thereto 14. The right of having the whole of a division fence maintained by a coterminous owner 15. The right of having public conveyances stop, or of stopping the same, on land 16. The right of a seat in church 17. The right of burial 18. The right of receiving sunlight upon or over land as specified in Section 801.5 (Amended Stats. 1978, Ch. 1154) -------------------------------------------------------------------------------- SECTION 802 - SERVITUDES NOT ATTACHED TO LAND The following land burdens, or servitudes upon land, may be granted and held, though not attached to land: One—The right to pasture, and of fishing and taking game. Two—The right of a seat in church. Third—The right of burial. Four—The right of taking rents and tolls. Five—The right of way. Six—The right of taking water, wood, minerals, or other things. (Amended by Code Amendments 1873-74, Ch. 612) -------------------------------------------------------------------------------- SECTION 803 - DOMINANT AND SERVIENT TENEMENTS The land to which an easement is attached is called the dominant tenement; the land upon which a burden or servitude is laid is called the servient tenement. (Enacted 1872) -------------------------------------------------------------------------------- SECTION 804 - CREATION OF SERVITUDE A servitude can be created only by one who has a vested estate in the servient tenement. (Enacted 1872) -------------------------------------------------------------------------------- SECTION 805 - OWNER CANNOT HOLD SERVITUDE A servitude thereon cannot be held by the owner of the servient tenement. (Enacted 1872) -------------------------------------------------------------------------------- SECTION 806 - EXTENT OF SERVITUDE The extent of a servitude is determined by the terms of the grant, or the nature of the enjoyment by which it was acquired. (Enacted 1872) -------------------------------------------------------------------------------- SECTION 807 - PARTITION OF DOMINANT TENEMENT In case of partition of the dominant tenement the burden must be apportioned according to the division of the dominant tenement, but not in such a way as to increase the burden upon the servient tenement. (Enacted 1872) -------------------------------------------------------------------------------- SECTION 808 - FUTURE ESTATE HOLDER'S RIGHTS The owner of a future estate in a dominant tenement may use easements attached thereto for the purpose of viewing waste, demanding rent, or removing an obstruction to the enjoyment of such easements, although such tenement is occupied by a tenant. (Enacted 1872) -------------------------------------------------------------------------------- SECTION 809 - ENFORCEMENT OF EASEMENTS The owner of any estate in a dominant tenement, or the occupant of such tenement, may maintain an action for the enforcement of an easement attached thereto. (Enacted 1872) -------------------------------------------------------------------------------- SECTION 810 - OWNER IN FEE RIGHTS The owner in fee of a servient tenement may maintain an action for the possession of the land, against any one unlawfully possessed thereof, though a servitude exists thereon in favor of the public. (Enacted 1872) -------------------------------------------------------------------------------- SECTION 811 - EXTINGUISHMENT OF SERVITUDE A servitude is extinguished: 1. By the vesting of the right to the servitude and the right to the servient tenement in the same person; 2. By the destruction of the servient tenement; 3. By the performance of any act upon either tenement, by the owner of the servitude, or with his assent, which is incompatible with its nature or exercise; or, 4. When the servitude was acquired by enjoyment, by disuse thereof by the owner of the servitude for the period prescribed for acquiring title by enjoyment. (Enacted 1872) -------------------------------------------------------------------------------- SECTION 812 - [Section not retrieved - verify with official source] -------------------------------------------------------------------------------- SECTION 813 - NOTICE OF PERMISSIVE USE Property owners may record a notice protecting their land from public dedication claims. The statute allows owners to document that public use is "by permission, and subject to control, of owner." Recording and Effect: Property holders may file a notice stating that any public use occurs with the owner's permission only. Once recorded, this notice serves as "conclusive evidence that subsequent use of the land during the time such notice is in effect by the public...is permissive and with consent." Revocation: The owner can cancel the notice by recording a revocation document with the county recorder. Restrictions on Owner Conduct: After recording the initial notice and before revoking it, "the owner shall not prevent any public use appropriate thereto by physical obstruction, notice or otherwise." Service Requirements: For non-public users, the notice must also be delivered via registered mail to be effective. Conditional Use: Owners may impose "reasonable restrictions on the time, place, and manner of such public use." Vested Rights: The statute explicitly protects rights that existed prior to the notice's recording. (Amended Stats. 1971, Ch. 941) ================================================================================ ARTICLE 2 - BOUNDARIES (SECTIONS 829-834) ================================================================================ SECTION 829 - OWNER'S RIGHTS TO SURFACE AND SUBSURFACE The owner of land in fee has the right to the surface and to everything permanently situated beneath or above it. (Enacted 1872) -------------------------------------------------------------------------------- SECTION 830 - WATER BOUNDARIES 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. (Amended by Code Amendments 1873-74, Ch. 612) -------------------------------------------------------------------------------- SECTION 831 - ROAD BOUNDARIES 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. (Enacted 1872) -------------------------------------------------------------------------------- SECTION 832 - LATERAL AND SUBJACENT SUPPORT 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 adjoining land to make proper and usual excavations on the same for purposes of construction, on complying with the following requirements: 1. Notice: Owners must provide reasonable advance notice to adjacent property owners before excavating, including the intended depth and start date. 2. Duty of Care: Excavators must "use ordinary care and skill, and reasonable precautions taken to sustain the adjoining land." 3. Protection Period: If excavation threatens adjacent buildings, owners have "at least 30 days" to take protective measures. 4. Deep Excavation Standards: For excavations exceeding nine feet below curb level, the excavating owner must protect adjoining property from damage "without cost to the owner thereof" and remains liable for harm, except minor settlement cracks. (Amended Stats. 1968, Ch. 835) -------------------------------------------------------------------------------- SECTION 833 - TREE OWNERSHIP - SINGLE 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. (Enacted 1872) -------------------------------------------------------------------------------- SECTION 834 - TREE OWNERSHIP - BOUNDARY TREES Trees whose trunks stand partly on the land of two or more coterminous owners, belong to them in common. (Enacted 1872) ================================================================================ CHAPTER 2 - OBLIGATIONS OF OWNERS (SECTIONS 840-841.4) ================================================================================ SECTION 840 - LIFE ESTATE OBLIGATIONS 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. (Enacted 1872) -------------------------------------------------------------------------------- SECTION 841 - ADJOINING LANDOWNER RESPONSIBILITIES (a) Boundary Maintenance: Adjoining landowners shall share equally in the responsibility for maintaining the boundaries and monuments between them. (b) Fence Responsibilities: The statute establishes that neighboring property owners are presumed to equally share fence-related expenses unless they have a written agreement stating otherwise. Owners planning fence work must provide 30 days' advance written notice to affected neighbors, including details about the problem, proposed solution, cost estimates, cost-sharing approach, and timeline. (b)(3) Overcoming the Equal-Responsibility Presumption: A party may rebut the equal-cost presumption by demonstrating through preponderance of evidence that equal responsibility would be unjust. Courts must consider: - Disproportionate financial burden versus benefits received - Whether costs exceed the property value increase - Undue hardship based on the owner's financial circumstances - Project reasonableness - Other equitable factors (c) Definitions: "Landowner" encompasses private persons or entities with possessory interests in real property, explicitly excluding governmental entities. "Adjoining" means contiguous or in contact. (Amended Stats. 2013, Ch. 86, Sec. 3, effective January 1, 2014) -------------------------------------------------------------------------------- SECTION 841.4 - SPITE FENCES 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. Property owners or occupants negatively affected by such structures may pursue remedies outlined in Title 3, Part 3, Division 4 of the California Civil Code. (Added Stats. 1953, Ch. 37) ================================================================================ RECREATIONAL USE LIABILITY (SECTIONS 846-848) ================================================================================ SECTION 846 - RECREATIONAL USE IMMUNITY Property owners generally "owe no duty of care to keep the premises safe for entry or use by others for any recreational purpose." "Recreational purpose" includes "fishing, hunting, camping, water sports, hiking, spelunking, sport parachuting, riding...snowmobiling, and all other types of vehicular riding, rock collecting, sightseeing, picnicking, nature study" and similar activities. Key protections for property owners include: - Granting permission for recreational use does not make visitors invitees or licensees - Owners assume no liability for injuries to those permitted to enter Important Limitations (liability still exists for): - Willful or malicious failure to warn of dangers - Injuries when permission was granted for monetary consideration - Persons expressly invited rather than merely permitted (Amended Stats. 2018, Ch. 92, effective January 1, 2019) -------------------------------------------------------------------------------- SECTION 847 - FELONY COMMISSION LIABILITY PROTECTION Property owners "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)." The provision covers 25 categories of serious crimes, including murder, rape, robbery, burglary, arson, kidnapping, and offenses involving firearms or great bodily injury. Key elements: - Temporal scope: Protection extends from when the person "commences the felony or attempted felony" until they leave the property - Causation requirement: The criminal conduct must "proximately or legally cause" the injury or death - Criminal conviction necessity: Liability protection only applies "upon the charge of a felony" and "subsequent conviction" Exceptions: The statute "does not limit the liability" for "willful, wanton, or criminal conduct, or for willful or malicious failure to guard or warn." (Added Stats. 1985, Ch. 1541, Sec. 1) -------------------------------------------------------------------------------- SECTION 848 - MINERAL RIGHTS ENTRY NOTICE Written notice to property owners required before entry, with different timelines depending on activity type. For non-surface-disrupting activities like surveying, "a minimum of five days' notice" is required via personal delivery or registered mail. For surface-disrupting activities such as drilling, "a minimum of 30 days' notice" is mandated, specifying the operation's extent, location, and approximate entry/exit times. Emergency situations authorized by the Geologic Energy Management Division waive notice requirements. (Amended Stats. 2019, Ch. 771, Sec. 1 (AB 1057), effective January 1, 2020) ================================================================================ ENVIRONMENTAL RESPONSIBILITY (SECTIONS 850-855) ================================================================================ SECTION 850 - DEFINITIONS Establishes definitions for the Environmental Responsibility Acceptance Act: - "Actual awareness": Factual knowledge possessed by employees/representatives - "Commitment statement": Written statement by notice recipient - "Mediation": Informal process with neutral third party - "Notification threshold": A release either ordered by an oversight agency or impeding the site's sale, lease, or use - "Responsible party": Any person liable under state or local law for responding to a release - "Site": Commercial, industrial, or agricultural real property where hazardous materials release occurred (Amended Stats. 2022, Ch. 258, Sec. 2, operative January 1, 2024) -------------------------------------------------------------------------------- SECTION 851 - OWNER OBLIGATIONS Owner Obligations: An owner aware of a release exceeding notification thresholds must "take all reasonable steps...to expeditiously identify the potentially responsible parties" and notify them. Potentially Responsible Party Duties: Such parties with actual awareness of likely releases must provide owners with a release report "as soon as reasonably possible." Response Timeline: Notice recipients must respond within 120 days via certified mail with either a commitment statement or negative response. (Amended Stats. 2022, Ch. 258, Sec. 3, effective January 1, 2024) -------------------------------------------------------------------------------- SECTION 852 - COMMITMENT STATEMENT PROCEDURES Acceptance Timeline: Owners have 45 days to accept a commitment statement. Mediation Process: Upon rejection, parties must attempt mediation with a neutral third party before litigation. Legal Effects Upon Acceptance: The commitment statement creates binding obligations for the notice recipient. Recoverable Damages: Limited to personal injury, breach of commitment, lost property use prior to issuance, investigation costs, and lost rents. -------------------------------------------------------------------------------- SECTION 853 - LIABILITY PROTECTIONS (a) Neither the failure to issue a commitment statement nor its issuance shall be construed as an admission of liability. (b) Recipients cannot face damages, fines, or penalties for failing to respond to notices of potential liability. (c) Site owners are protected from penalties for failing to send timely notices. (d) No obligation on site owners or responsible parties to investigate or determine the extent of hazardous materials releases. (e) Notice recipients may recover reasonable response costs from responsible parties. (Amended Stats. 2022, Ch. 258, Sec. 4, effective January 1, 2024) -------------------------------------------------------------------------------- SECTION 854 - COMMITMENT STATEMENT FORM Prescribes the required form for a "Commitment Statement" including: - Acknowledgment of notice receipt - Agreement to comply with Chapter 3 requirements - Commitment to undertake required response actions - Owner agreements regarding site access and liability limitations (Added Stats. 1997, Ch. 873, Sec. 1, effective January 1, 1998) -------------------------------------------------------------------------------- SECTION 855 - EFFECTIVE DATE The notification requirements of Section 851 shall not become effective until 180 days after the effective date of this chapter. (Added Stats. 1997, Ch. 873, Sec. 1) -------------------------------------------------------------------------------- SECTION 856 - [Section not retrieved - verify with official source] -------------------------------------------------------------------------------- SECTION 856.5 - [Section not retrieved - verify with official source] ================================================================================ CHAPTER 7 - ABANDONED EASEMENTS (SECTIONS 887.010-887.090) ================================================================================ SECTION 887.010 - EASEMENT DEFINED As used in this chapter, "easement" means a burden or servitude upon land, whether or not attached to other land as an incident or appurtenance, that allows the holder of the burden or servitude to do acts upon the land. (Added Stats. 1985, Ch. 157, Sec. 2) -------------------------------------------------------------------------------- SECTION 887.020 - UNIFIED SYSTEMS EXCEPTION This chapter does not apply to an easement that is part of a unified or reciprocal system for the mutual benefit of multiple parties. (Added Stats. 1985, Ch. 157, Sec. 2) -------------------------------------------------------------------------------- SECTION 887.030 - SUPPLEMENTAL NATURE This chapter supplements and does not limit or otherwise affect the common law governing abandonment of an easement or any other procedure provided by statute or otherwise for clearing an abandoned easement from title to real property. (Added Stats. 1985, Ch. 157, Sec. 2) -------------------------------------------------------------------------------- SECTION 887.040 - COURT PROCEEDINGS The owner of real property subject to an easement may bring an action to establish the abandonment of the easement and to clear the easement from the title to the property. The action shall be brought in the superior court of the county in which the real property or some part thereof is located and shall be subject to the same procedure as an action to quiet title under Code of Civil Procedure Chapter 4, Section 760.010 and following. (Added Stats. 1985, Ch. 157, Sec. 2) -------------------------------------------------------------------------------- SECTION 887.050 - ABANDONMENT CRITERIA (a) An easement qualifies as abandoned under this chapter when all conditions below are met continuously for 20 years before the abandonment action begins: (1) The easement is not used at any time. (2) Either no separate property tax assessment exists for the easement, or if one does exist, no taxes are paid on the assessment. (3) No instrument creating, reserving, transferring, or otherwise evidencing the easement is recorded. (b) This provision applies regardless of conflicting language in the original easement document, "unless the instrument or other document provides an earlier expiration date." (Added Stats. 1985, Ch. 157, Sec. 2) -------------------------------------------------------------------------------- SECTION 887.060 - NOTICE OF INTENT TO PRESERVE (a) The owner of an easement may at any time record a notice of intent to preserve the easement. (b) A notice preserving an easement may make broad reference to all easements claimed by the claimant throughout the county. (c) An easement avoids abandonment status when: (1) A preservation notice is recorded within the 20-year period immediately before an abandonment action commences, or (2) A preservation notice is recorded under Section 887.070 after the action begins but before final judgment. (Added Stats. 1985, Ch. 157, Sec. 2) -------------------------------------------------------------------------------- SECTION 887.070 - LATE NOTICE OF PRESERVATION In an action to establish the abandonment of an easement pursuant to this chapter, the court shall permit the owner of the easement to record a late notice of intent to preserve the easement as a condition of dismissal of the action, upon payment into court for the benefit of the owner of the real property the litigation expenses attributable to the easement or portion thereof as to which the notice is recorded. "Litigation expenses" means recoverable costs and expenses reasonably and necessarily incurred in preparation for the action, including a reasonable attorney's fee. (Added Stats. 1985, Ch. 157, Sec. 2) -------------------------------------------------------------------------------- SECTION 887.080 - EFFECT OF ABANDONMENT An abandoned easement is unenforceable and is deemed to have expired. A court order establishing abandonment of an easement pursuant to this chapter is equivalent for all purposes to a conveyance of the easement to the owner of the real property. (Added Stats. 1985, Ch. 157, Sec. 2) -------------------------------------------------------------------------------- SECTION 887.090 - APPLICATION Subject to Sections 880.370 (grace period for recording notice) and 887.020, this chapter applies to all easements, whether executed or recorded before, on, or after January 1, 1986. (Added Stats. 1985, Ch. 157, Sec. 2) ================================================================================ TITLE 2 - OCCUPANCY (SECTIONS 1000-1008) ================================================================================ SECTION 1000 - MODES OF ACQUIRING PROPERTY Property is acquired by: 1. Occupancy; 2. Accession; 3. Transfer; 4. Will; or, 5. Succession. (Enacted 1872) -------------------------------------------------------------------------------- SECTION 1001 - UTILITY EASEMENTS BY EMINENT DOMAIN Property owners may acquire appurtenant easements through eminent domain to deliver utility services to their land. "Utility service" means water, gas, electric, drainage, sewer, or telephone service. Three conditions must be satisfied: 1. Necessity Requirement: "There is a great necessity for the taking." 2. Location Standard: The easement route must provide "the most reasonable service to the property to which it is appurtenant, consistent with the least damage." 3. Hardship Balance: "The hardship to the owner of the appurtenant property, if the taking is not permitted, clearly outweighs any hardship to the owner of the burdened property." (Added Stats. 1976, Ch. 994) -------------------------------------------------------------------------------- SECTION 1002 - ACCESS FOR REPAIRS BY EMINENT DOMAIN Property owners may access adjacent land for repairs or reconstruction work through eminent domain. Conditions Required: (1) Necessity exists and entry is essential because "the repair or reconstruction work cannot be done safely without entry" or costs would be substantially higher (2) Entry causes minimal damage and inconvenience (3) Hardship to the party seeking access outweighs hardship to the affected property owner Procedural Requirements: Entry requires "an eminent domain proceeding has been commenced" and a court order permitting access. Exclusion: Agricultural and forest production lands are exempt. (Added Stats. 1982, Ch. 1239, Sec. 1) -------------------------------------------------------------------------------- SECTION 1006 - OCCUPANCY TITLE Occupancy for any period confers a title sufficient against all except the state and those who have title by prescription, accession, transfer, will, or succession; but the title conferred by occupancy is not a sufficient interest in real property to enable the occupant or the occupant's privies to commence or maintain an action to quiet title, unless the occupancy has ripened into title by prescription. (Amended Stats. 1980, Ch. 44, Sec. 1) -------------------------------------------------------------------------------- SECTION 1007 - PRESCRIPTIVE TITLE Occupancy for the period prescribed by the Code of Civil Procedure as sufficient to bar any action for the recovery of the property confers a title thereto, denominated a title by prescription, which is sufficient against all, but no possession by any person, firm or corporation no matter how long continued of any land, water, water right, easement, or other property whatsoever dedicated to a public use by a public utility, or dedicated to or owned by the state or any public entity, shall ever ripen into any title, interest or right against the owner thereof. (Amended Stats. 1968, Ch. 1112) -------------------------------------------------------------------------------- SECTION 1008 - PREVENTION OF PRESCRIPTIVE EASEMENTS No use by any person or persons, no matter how long continued, of any land, shall ever ripen into an easement by prescription, if the owner of such property posts at each entrance to the property or at intervals of not more than 200 feet along the boundary a sign reading substantially as follows: "Right to pass by permission, and subject to control, of owner: Section 1008, Civil Code." (Added Stats. 1965, Ch. 926) ================================================================================ TITLE 3 - ACCESSION (SECTIONS 1013-1019) ================================================================================ SECTION 1013 - PROPERTY AFFIXED TO ANOTHER'S LAND When a person affixes his property to the land of another, without an agreement permitting him to remove it, the thing affixed, except as otherwise provided in this chapter, belongs to the owner of the land, unless he chooses to require the former to remove it or the former elects to exercise the right of removal provided for in Section 1013.5 of this chapter. (Amended Stats. 1953, Ch. 1175) -------------------------------------------------------------------------------- SECTION 1013.5 - RIGHT TO REMOVE IMPROVEMENTS (a) Good Faith Removal Right: When someone in good faith mistakenly believes they have the right to improve another's land, they may remove those improvements upon payment to the owner of the land and other interested parties. (b) Legal Action Requirements: Actions to enforce this right must name the landowner and recorded encumbrancers as defendants. A notice of pendency of action shall be recorded before trial. (c) Interlocutory Judgment Option: Courts may authorize removal conditionally upon the plaintiff paying into court the estimated total damages. (d) Lien Holder Consent: Lienholders who acquired their interests in good faith for value must consent in writing before removal can be ordered. (e) Scope and Limitations: This right applies only to those acting in good faith based on honest mistake. (Amended Stats. 1955, Ch. 73) -------------------------------------------------------------------------------- SECTION 1014 - ACCRETION Where, from natural causes, land forms by imperceptible degrees upon the bank of a river or stream, navigable or not navigable, either by accumulation of material or by the recession of the stream, such land belongs to the owner of the bank, subject to any existing right of way over the bank. (Enacted 1872) -------------------------------------------------------------------------------- SECTION 1015 - AVULSION If a river or stream, navigable or not navigable, carries away, by sudden violence a considerable and distinguishable part of a bank, and bears it to the opposite bank, or to another part of the same bank, the owner of the part carried away may reclaim it within a year after the owner of the land to which it has been united takes possession thereof. (Enacted 1872) -------------------------------------------------------------------------------- SECTION 1016 - ISLANDS IN NAVIGABLE STREAMS Islands and accumulations of land, formed in the beds of streams which are navigable, belong to the State, if there is no title or prescription to the contrary. (Enacted 1872) -------------------------------------------------------------------------------- SECTION 1017 - ISLANDS IN NON-NAVIGABLE STREAMS An island, or an accumulation of land, formed in a stream which is not navigable, belongs to the owner of the shore on that side where the island or accumulation is formed; or, if not formed on one side only, to the owners of the shore on the two sides, divided by an imaginary line drawn through the middle of the river. (Enacted 1872) -------------------------------------------------------------------------------- SECTION 1018 - ISLANDS FORMED BY STREAM DIVISION If a stream, navigable or not navigable, in forming itself a new arm, divides itself and surrounds land belonging to the owner of the shore, and thereby forms an island, the island belongs to such owner. (Enacted 1872) -------------------------------------------------------------------------------- SECTION 1019 - TENANT'S RIGHT TO REMOVE FIXTURES A tenant may remove from the demised premises, any time during the continuance of his term, anything affixed thereto for purposes of trade, manufacture, ornament, or domestic use, if the removal can be effected without injury to the premises, unless the thing has, by the manner in which it is affixed, become an integral part of the premises. (Repealed and added by Code Amendments 1873-74, Ch. 612) ================================================================================ SECTION 1047 - TRANSFER OF ADVERSE POSSESSION CLAIMS ================================================================================ Any person claiming title to real property in the adverse possession of another may transfer it with the same effect as if in actual possession. (Enacted 1872) ================================================================================ ARTICLE 4 - INTERPRETATION OF GRANTS (SECTIONS 1066-1072) ================================================================================ SECTION 1066 - GRANTS INTERPRETED AS CONTRACTS Grants are to be interpreted in like manner with contracts in general, except so far as is otherwise provided in this Article. (Enacted 1872) -------------------------------------------------------------------------------- SECTION 1067 - CLEAR LIMITATIONS CONTROL A clear and distinct limitation in a grant is not controlled by other words less clear and distinct. (Enacted 1872) -------------------------------------------------------------------------------- SECTION 1068 - RECITALS MAY AID CONSTRUCTION If the operative words of a grant are doubtful, recourse may be had to its recitals to assist the construction. (Enacted 1872) -------------------------------------------------------------------------------- SECTION 1069 - INTERPRETATION IN FAVOR OF GRANTEE A grant is to be interpreted in favor of the grantee, except that a reservation in any grant, and every grant by a public officer or body, as such, to a private party, is to be interpreted in favor of the grantor. (Enacted 1872) -------------------------------------------------------------------------------- SECTION 1070 - IRRECONCILABLE PARTS If several parts of a grant are absolutely irreconcilable, the former part prevails. (Enacted 1872) -------------------------------------------------------------------------------- SECTION 1071 - [Section not retrieved - verify with official source] -------------------------------------------------------------------------------- SECTION 1072 - WORDS OF INHERITANCE NOT REQUIRED Words of inheritance or succession are not requisite to transfer a fee in real property. (Enacted 1872) ================================================================================ TITLE 3 - INTERPRETATION OF CONTRACTS (SECTIONS 1635-1663) ================================================================================ SECTION 1635 - UNIFORM INTERPRETATION All contracts, whether public or private, are to be interpreted by the same rules, except as otherwise provided by this Code. (Enacted 1872) -------------------------------------------------------------------------------- SECTION 1636 - MUTUAL INTENTION A contract must be so interpreted as to give effect to the mutual intention of the parties as it existed at the time of contracting, so far as the same is ascertainable and lawful. (Enacted 1872) -------------------------------------------------------------------------------- SECTION 1637 - RULES FOR DOUBTFUL CASES For the purpose of ascertaining the intention of the parties to a contract, if otherwise doubtful, the rules given in this Chapter are to be applied. (Enacted 1872) -------------------------------------------------------------------------------- SECTION 1638 - CLEAR LANGUAGE GOVERNS The language of a contract is to govern its interpretation, if the language is clear and explicit, and does not involve an absurdity. (Enacted 1872) -------------------------------------------------------------------------------- SECTION 1639 - WRITTEN CONTRACTS When a contract is reduced to writing, the intention of the parties is to be ascertained from the writing alone, if possible; subject, however, to the other provisions of this Title. (Enacted 1872) -------------------------------------------------------------------------------- SECTION 1640 - FRAUD, MISTAKE, OR ACCIDENT When, through fraud, mistake, or accident, a written contract fails to express the real intention of the parties, such intention is to be regarded, and the erroneous parts of the writing disregarded. (Enacted 1872) -------------------------------------------------------------------------------- SECTION 1641 - WHOLE CONTRACT CONSIDERED The whole of a contract is to be taken together, so as to give effect to every part, if reasonably practicable, each clause helping to interpret the other. (Enacted 1872) -------------------------------------------------------------------------------- SECTION 1642 - RELATED CONTRACTS Several contracts relating to the same matters, between the same parties, and made as parts of substantially one transaction, are to be taken together. (Enacted 1872) -------------------------------------------------------------------------------- SECTION 1643 - REASONABLE INTERPRETATION A contract must receive such an interpretation as will make it lawful, operative, definite, reasonable, and capable of being carried into effect, if it can be done without violating the intention of the parties. (Enacted 1872) -------------------------------------------------------------------------------- SECTION 1644 - ORDINARY MEANING The words of a contract are to be understood in their ordinary and popular sense, rather than according to their strict legal meaning; unless used by the parties in a technical sense, or unless a special meaning is given to them by usage, in which case the latter must be followed. (Enacted 1872) -------------------------------------------------------------------------------- SECTION 1645 - TECHNICAL WORDS Technical words are to be interpreted as usually understood by persons in the profession or business to which they relate, unless clearly used in a different sense. (Enacted 1872) -------------------------------------------------------------------------------- SECTION 1646 - LAW AND USAGE OF PLACE A contract is to be interpreted according to the law and usage of the place where it is to be performed; or, if it does not indicate a place of performance, according to the law and usage of the place where it is made. (Enacted 1872) -------------------------------------------------------------------------------- SECTION 1647 - CIRCUMSTANCES CONSIDERED A contract may be explained by reference to the circumstances under which it was made, and the matter to which it relates. (Enacted 1872) -------------------------------------------------------------------------------- SECTION 1648 - SCOPE LIMITED TO INTENT However broad may be the terms of a contract, it extends only to those things concerning which it appears that the parties intended to contract. (Enacted 1872) -------------------------------------------------------------------------------- SECTION 1649 - AMBIGUOUS PROMISES If the terms of a promise are in any respect ambiguous or uncertain, it must be interpreted in the sense in which the promisor believed, at the time of making it, that the promisee understood it. (Enacted 1872) -------------------------------------------------------------------------------- SECTION 1650 - PARTICULAR CLAUSES SUBORDINATE Particular clauses of a contract are subordinate to its general intent. (Enacted 1872) -------------------------------------------------------------------------------- SECTION 1651 - WRITTEN vs. PRINTED TERMS Where a contract is partly written and partly printed, or where part of it is written or printed under the special directions of the parties, and with a special view to their intention, and the remainder is copied from a form originally prepared without special reference to the particular parties and the particular contract in question, the written parts control the printed parts, and the parts which are purely original control those which are copied from a form. And if the two are absolutely repugnant, the latter must be so far disregarded. (Enacted 1872) -------------------------------------------------------------------------------- SECTION 1652 - RECONCILING REPUGNANCY Repugnancy in a contract must be reconciled, if possible, by such an interpretation as will give some effect to the repugnant clauses, subordinate to the general intent and purpose of the whole contract. (Enacted 1872) -------------------------------------------------------------------------------- SECTION 1653 - INCONSISTENT WORDS REJECTED Words in a contract which are wholly inconsistent with its nature, or with the main intention of the parties, are to be rejected. (Enacted 1872) -------------------------------------------------------------------------------- SECTION 1654 - INTERPRETATION AGAINST DRAFTER In cases of uncertainty not removed by the preceding rules, the language of a contract should be interpreted most strongly against the party who caused the uncertainty to exist. (Amended Stats. 1982, Ch. 1120, Sec. 1) -------------------------------------------------------------------------------- SECTION 1655 - IMPLIED STIPULATIONS Stipulations which are necessary to make a contract reasonable, or conformable to usage, are implied, in respect to matters concerning which the contract manifests no contrary intention. (Enacted 1872) -------------------------------------------------------------------------------- SECTION 1656 - INCIDENTAL TERMS IMPLIED All things that in law or usage are considered as incidental to a contract, or as necessary to carry it into effect, are implied therefrom, unless some of them are expressly mentioned therein, when all other things of the same class are deemed to be excluded. (Enacted 1872) -------------------------------------------------------------------------------- SECTION 1657 - TIME FOR PERFORMANCE If no time is specified for the performance of an act required to be performed, a reasonable time is allowed. If the act is in its nature capable of being done instantly—as, for example, if it consists in the payment of money only—it must be performed immediately upon the thing to be done being exactly ascertained. (Enacted 1872) -------------------------------------------------------------------------------- SECTION 1658 - [Section not retrieved - verify with official source] -------------------------------------------------------------------------------- SECTION 1659 - JOINT AND SEVERAL PROMISES Where all the parties who unite in a promise receive some benefit from the consideration, whether past or present, their promise is presumed to be joint and several. (Enacted 1872) -------------------------------------------------------------------------------- SECTION 1660 - SINGULAR NUMBER PROMISES A promise, made in the singular number, but executed by several persons, is presumed to be joint and several. (Enacted 1872) -------------------------------------------------------------------------------- SECTION 1661 - EXECUTED vs. EXECUTORY CONTRACTS An executed contract is one, the object of which is fully performed. All others are executory. (Enacted 1872) -------------------------------------------------------------------------------- SECTION 1662 - UNIFORM VENDOR AND PURCHASER RISK ACT This section governs risk allocation in real property purchase contracts. Before Transfer of Title or Possession: If the property is destroyed without the buyer's fault or taken through eminent domain, "the vendor cannot enforce the contract, and the purchaser is entitled to recover any portion of the price that he has paid." After Transfer of Title or Possession: If destruction or eminent domain occurs after transfer, "the purchaser is not thereby relieved from a duty to pay the price, nor is he entitled to recover any portion thereof that he has paid." This section may be cited as the Uniform Vendor and Purchaser Risk Act. (Added Stats. 1947, Ch. 497) -------------------------------------------------------------------------------- SECTION 1663 - EURO CURRENCY PROVISIONS The euro functions as "a commercially reasonable substitute and substantial equivalent" for contracts originally denominated in ECU or currencies replaced by the euro, using conversion rates established by European Union regulations. "The introduction of the euro...shall neither have the effect of discharging or excusing performance under any contract...nor give a party the right unilaterally to alter or terminate any contract." (Added Stats. 1998, Ch. 62, Sec. 1, effective June 5, 1998) ================================================================================ END OF COMPILATION ================================================================================ DISCLAIMER: This document is compiled for reference purposes only. For official, authoritative text, consult the California Legislative Information website at https://leginfo.legislature.ca.gov or official legal publications. Some sections noted as "[Section not retrieved - verify with official source]" could not be retrieved during compilation and should be verified directly. Date compiled: January 2026