Legal Question in Real Estate Law in California

Re: Private Property Suits

Posting signs is better than nothing, but will not be a sufficient discharge of your duty toward the public in all instances. There is no substitute for periodic inspection to identify, followed by action to correct, safety problems.

You have a particular duty with respect to man-made hazards. More frequent inspection and greater care are required if there are buildings, excavations, equipment, etc, than if the property is entirely natural.

Penal Code section 602.8 makes entry on fenced or posted lands criminal. Review the statute for the specific posting requirements and the penalties provided. Even though trespassing on posted lands may be an infraction or misdemeanor, owners can and often are found liable for injury.

If you go without insurance, or even if you are fully insured, you have a duty to inspect, warn and repair, especially regarding man-made hazards.