The owner of land in fee has the right to the surface and to everything permanently situated beneath or above it.
Article 2 - Boundaries
California Civil Code — §§ 829-835
Sections (6)
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.
Amended by Stats. 1968, Ch. 835.
Each coterminous owner is entitled to the lateral and subjacent support which his land receives from the adjoining land, subject to the right of the owner of the adjoining land to make proper and usual excavations on the same for purposes of construction or improvement, under the following conditions:
1. Any owner of land or his lessee intending to make or to permit an excavation shall give reasonable notice to the owner or owners of adjoining lands and of buildings or other structures, stating the depth to which such excavation is intended to be made, and when the excavating will begin.
2. In making any excavation, ordinary care and skill shall be used, and reasonable precautions taken to sustain the adjoining land as such, without regard to any building or other structure which may be thereon, and there shall be no liability for damage done to any such building or other structure by reason of the excavation, except as otherwise provided or allowed by law.
3. If at any time it appears that the excavation is to be of a greater depth than are the walls or foundations of any adjoining building or other structure, and is to be so close as to endanger the building or other structure in any way, then the owner of the building or other structure must be allowed at least 30 days, if he so desires, in which to take measures to protect the same from any damage, or in which to extend the foundations thereof, and he must be given for the same purposes reasonable license to
enter on the land on which the excavation is to be or is being made.
4. If the excavation is intended to be or is deeper than the standard depth of foundations, which depth is defined to be a depth of nine feet below the adjacent curb level, at the point where the joint property line intersects the curb and if on the land of the coterminous owner there is any building or other structure the wall or foundation of which goes to standard depth or deeper then the owner of the land on which the excavation is being made shall, if given the necessary license to enter on the adjoining land, protect the said adjoining land and any such building or other structure thereon without cost to the owner thereof, from any damage by reason of the excavation, and shall be liable to the owner of such property for any such damage, excepting only for minor settlement cracks in buildings or other structures.
Trees whose trunks stand wholly upon the land of one owner belong exclusively to him, although their roots grow into the land of another.
Trees whose trunks stand partly on the land of two or more coterminous owners, belong to them in common.
Amended (as amended by Stats. 2024, Ch. 235, Sec. 1) by Stats. 2025, Ch. 67, Sec. 23. (AB 1170) Effective January 1, 2026. Repealed as of January 1, 2028, by its own provisions. See later operative version added by Sec. 2 of Stats. 2024, Ch. 235.
second.
security fence meets the standards and specifications of the International Electrotechnical Commission for electric security fence energizers in “International Standard IEC 60335, Part 2-76:2018.”
written warning or a commonly recognized symbol to warn people with pacemakers, and a written warning or commonly recognized symbol about the danger of touching the electrified security fence in wet conditions.
enables the alarm system to transmit a signal intended to summon the business, a monitoring service, or both the business and a monitoring service, in response to an intrusion or burglary.
subdivision (a), and in compliance with subdivisions (a) to (c), inclusive, a city, county, or city and county ordinance, regulation, or code shall not prohibit the installation and operation of an electrified security fence, nor require a permit or approval that is in addition to an alarm system permit issued by the city, county, or city and county. A city, county, or city and county may require an administrative permit confirming the fence meets the requirements of this section if it is on a property abutting a property in residential use, or within 300 feet of a public park, childcare facility, recreation center, community center, or school facility.
shall remain in effect only until January 1, 2028, and as of that date is repealed.
Repealed (in Sec. 1) and added by Stats. 2024, Ch. 235, Sec. 2. (AB 2371) Effective September 14, 2024. Operative January 1, 2028, by its own provisions.
impulse duration does not exceed 10 milliseconds, or10/1000of a second.
located in a residential zone.
than 5 feet in height.
Agricultural Code does not apply to an electrified security fence.