Empty land still carries liability.

The weed notice comes to you

Weed and brush rules apply to empty lots too. In California, Government Code 39501 lets a city's legislative body compel the owner, lessee or occupant of buildings, grounds or lots to remove dirt, rubbish, weeds and rank growths. If that person defaults after the notice it prescribes, a city officer can do the removal at that person's expense, and the expense can be made a lien on the grounds. Government Code 39561 lets the legislative body declare by resolution that weeds, rubbish, refuse and dirt on private property are public nuisances, and abate them. Under Government Code 39577, the cost of abatement on each parcel, plus enforcement costs such as investigation and measurement, is a special assessment against that parcel. After the assessment is made and confirmed, a lien attaches when the order confirming it is recorded with the county recorder.

In Los Angeles County, the Fire Department and the Agricultural Commissioner/Weights and Measures (ACWM) abate hazardous weeds and brush jointly across most, but not all, of the county, and most properties in ACWM's program are vacant or unimproved. Owners in the program are expected to keep their land free of hazardous or nuisance vegetation and rubbish year round. If they don't, ACWM may do the work and assess the cost on the annual property tax. ACWM also places an inspection fee on each parcel in the program. Rules vary by county, city and state.

Public Resources Code 4291 requires people with buildings in the state responsibility area to keep 100 feet of defensible space, but not beyond the property line unless state law or a local ordinance, rule or regulation requires it to keep 100 feet from a structure. Fuel modification on adjacent property can be done only with the adjacent landowner's written consent. If you hire a crew, ask whether it carries its own liability and workers' comp. Tell your underwriter how and when the lot gets cleared.

Keeping a shortcut from becoming an easement

Years of neighbors or the public crossing open land can turn into a legal right. Under Civil Code 1008, no use of land, no matter how long it continues, ripens into an easement by prescription if the owner posts, at each entrance to the property or at intervals of not more than 200 feet along the boundary, a sign reading substantially: "Right to pass by permission, and subject to control, of owner: Section 1008, Civil Code."

Under Civil Code 813, the holder of record title can record a description of the land and a notice that its use is by permission and subject to the owner's control. While in effect, the notice is conclusive evidence in court that later use is permissive, on questions of public dedication or a prescriptive right. If the users are not the general public, the notice must also be served on them by registered mail. It doesn't affect rights already vested and can be revoked by recording a revocation. Until then, the owner may not block the public use it permits, though the permission can carry reasonable time, place and manner restrictions.

Civil Code 1009(b) adds that use of private land by the public after the section took effect does not ripen into a vested public right to continue it, absent an accepted written irrevocable offer of dedication. Two exceptions: under 1009(d), if a government entity spends public funds on visible improvements or maintenance for public use, without the owner's express permission or reasonable steps to stop it, the entity gets a vested right after five years. Under 1009(e) and (f), coastal property within 1,000 yards inland of the Pacific's mean high tide line (or up to the nearest public road, if closer) follows different rules: public use is not evidence of implied dedication if the owner posts 1008 signs and renews any removed signs at least once a year, publishes an annual statement, records an 813 notice, or signs a written public-use agreement with a government agency. Prescription rules vary by state.

Official sources

• Cal. Gov. Code 39501 (California Public Law)
• Cal. Gov. Code 39561 (California Public Law)
• Cal. Gov. Code 39577 (California Public Law)
• LA County ACWM: Weed Abatement program overview
• Cal. Pub. Res. Code 4291 (California Public Law)
• Cal. Penal Code 602 (California Public Law)
• Cal. Penal Code 374.3 (California Public Law)
• Cal. Civ. Code 1008 (California Public Law)
• Cal. Civ. Code 813 (California Public Law)
• Cal. Civ. Code 1009 (California Public Law)