§ 1013 Property Affixed To Land

If you attach something to someone else's land without permission to take it away, it becomes the landowner's property unless they let you keep it or you have a special removal right.

Key Takeaways

•Attaching something to another person's land without permission makes it the landowner's property.
•The landowner can keep the attached item or ask the person to remove it.
•A removal right only exists if there is a separate rule (Section 1013.5) that allows it.

Example

A neighbor builds a garden shed and nails it to your backyard without asking to remove it later.

Because the shed was attached to your land without an agreement to take it down, it now belongs to you, the landowner, unless you choose to let the neighbor keep it or the neighbor has a removal right under Section 1013.5.

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 by Stats. 1953, Ch. 1175.)

If you attach something to someone else's land without permission to take it away, it becomes the landowner's property unless they let you keep it or you have a special removal right.

Key Takeaways

•Attaching something to another person's land without permission makes it the landowner's property.
•The landowner can keep the attached item or ask the person to remove it.
•A removal right only exists if there is a separate rule (Section 1013.5) that allows it.

Example

A neighbor builds a garden shed and nails it to your backyard without asking to remove it later.

Key Takeaways

Example

Key Terms

References

§ 1013 Property Affixed To Land

Key Takeaways

Example

Key Terms

References

Key Takeaways

Example

Key Terms

Related Statutes

References

Key Takeaways

Example

Key Terms

Related Statutes

References