2009 California Civil Code - Section 1006-1009 :: Title 2. Occupancy

SECTION 1006-1009

1006.  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

1007.  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.

1008.  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

1009.  (a) The Legislature finds that:
   (1) It is in the best interests of the state to encourage owners
of private real property to continue to make their lands available
for public recreational use to supplement opportunities available on
tax-supported publicly owned facilities.
   (2) Owners of private real property are confronted with the threat
of loss of rights in their property if they allow or continue to
allow members of the public to use, enjoy or pass over their property
for recreational purposes.
   (3) The stability and marketability of record titles is clouded by
such public use, thereby compelling the owner to exclude the public
from his property.
   (b) Regardless of whether or not a private owner of real property
has recorded a notice of consent to use of any particular property
pursuant to Section 813 of the Civil Code or has posted signs on such
property pursuant to Section 1008 of the Civil Code, except as
otherwise provided in subdivision (d), no use of such property by the
public after the effective date of this section shall ever ripen to
confer upon the public or any governmental body or unit a vested
right to continue to make such use permanently, in the absence of an
express written irrevocable offer of dedication of such property to
such use, made by the owner thereof in the manner prescribed in
subdivision (c) of this section, which has been accepted by the
county, city, or other public body to which the offer of dedication
was made, in the manner set forth in subdivision (c).
   (c) In addition to any procedure authorized by law and not
prohibited by this section, an irrevocable offer of dedication may be
made in the manner prescribed in Section 7050 of the Government Code
to any county, city, or other public body, and may be accepted or
terminated, in the manner prescribed in that section, by the county
board of supervisors in the case of an offer of dedication to a
county, by the city council in the case of an offer of dedication to
a city, or by the governing board of any other public body in the
case of an offer of dedication to such body.
   (d) Where a governmental entity is using private lands by an
expenditure of public funds on visible improvements on or across such
lands or on the cleaning or maintenance related to the public use of
such lands in such a manner so that the owner knows or should know
that the public is making such use of his land, such use, including
any public use reasonably related to the purposes of such
improvement, in the absence of either express permission by the owner
to continue such use or the taking by the owner of reasonable steps
to enjoin, remove or prohibit such use, shall after five years ripen
to confer upon the governmental entity a vested right to continue
such use.
   (e) Subdivision (b) shall not apply to any coastal property which
lies within 1,000 yards inland of the mean high tide line of the
Pacific Ocean, and harbors, estuaries, bays and inlets thereof, but
not including any property lying inland of the Carquinez Straits
bridge, or between the mean high tide line and the nearest public
road or highway, whichever distance is less.
   (f) No use, subsequent to the effective date of this section, by
the public of property described in subdivision (e) shall constitute
evidence or be admissible as evidence that the public or any
governmental body or unit has any right in such property by implied
dedication if the owner does any of the following actions:
   (1) Posts signs, as provided in Section 1008, and renews the same,
if they are removed, at least once a year, or publishes annually,
pursuant to Section 6066 of the Government Code, in a newspaper of
general circulation in the county or counties in which the land is
located, a statement describing the property and reading
substantially as follows: "Right to pass by permission and subject to
control of owner: Section 1008, Civil Code."
   (2) Records a notice as provided in Section 813.
   (3) Enters into a written agreement with any federal, state, or
local agency providing for the public use of such land.
   After taking any of the actions set forth in paragraph (1), (2),
or (3), and during the time such action is effective, the owner shall
not prevent any public use which is appropriate under the permission
granted pursuant to such paragraphs by physical obstruction, notice,
or otherwise.
   (g) The permission for public use of real property referred to in
subdivision (f) may be conditioned upon reasonable restrictions on
the time, place, and manner of such public use, and no use in
violation of such restrictions shall be considered public use for
purposes of a finding of implied dedication.

Disclaimer: These codes may not be the most recent version. California may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.