1013-1019
CIVIL CODE
SECTION 1013-1019
1013. 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.
1013.5. (a) When any person, acting in good faith and, erroneously
believing because of a mistake either of law or fact that he has a
right to do so, affixes improvements to the land of another, such
person, or his successor in interest, shall have the right to remove
such improvements upon payment, as their interests shall appear, to
the owner of the land, and any other person having any interest
therein who acquired such interest for value after the commencement
of the work of improvement and in reliance thereon, of all their
damages proximately resulting from the affixing and removal of such
improvements.
(b) In any action brought to enforce such right the owner of the
land and encumbrancers of record shall be named as defendants, a
notice of pendency of action shall be recorded before trial, and the
owner of the land shall recover his costs of suit and a reasonable
attorney's fee to be fixed by the court.
(c) If it appears to the court that the total amount of damages
cannot readily be ascertained prior to the removal of the
improvements, or that it is otherwise in the interests of justice,
the court may order an interlocutory judgment authorizing the removal
of the improvements upon condition precedent that the plaintiff pay
into court the estimated total damages, as found by the court or as
stipulated.
(d) If the court finds that the holder of any lien upon the
property acquired his lien in good faith and for value after the
commencement of the work of improvement and in reliance thereon, or
that as a result of the making or affixing of the improvements there
is any lien against the property under Article XX, Section 15, of the
Constitution of this State, judgment authorizing removal, final or
interlocutory, shall not be given unless the holder of each such lien
shall have consented to the removal of the improvements. Such
consent shall be in writing and shall be filed with the court.
(e) The right created by this section is a right to remove
improvements from land which may be exercised at the option of one
who, acting in good faith and erroneously believing because of a
mistake either of law or fact that he has a right to do so, affixes
such improvements to the land of another. This section shall not be
construed to affect or qualify the law as it existed prior to the
1953 amendment of this section with regard to the circumstances under
which a court of equity will refuse to compel removal of an
encroachment.
1014. 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.
1015. 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.
1016. 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.
1017. 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.
1018. 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.