Legal Question in Real Estate Law in California
Property owner liability
The lot next door to my apartment has been bought for development into condos. There is a single family home on the site which has been vacated, but not yet demolished. Within the past weeks, the house has become increasingly vandalized and now it is hosting transient activities such as prostitution and gang meetings. My block is becoming more unsafe each day. I fear theft, fire or property damage may be inflicted upon the adjoining properties, or worse, one of the residents of the surrounding buildings may be assaulted. If something were to happen, is the owner of the lot with the vacated house liable for something that might have been prevented had he made the house inaccessible? Thanks.
2 Answers from Attorneys
Re: Property owner liability
Notify the local law enforcement agency about the illegal activity. They will notify the property owner and check out the property. Calling the police when you see illegal activity should result in the police checking out the situation. This may well reduce the danger of situation.
Re: Property owner liability
The key issue here is notice. In California, "Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully
or by want of ordinary care, brought the injury upon himself or herself." (Civ. Code sec. 1714 subd. (a).)
A landowner can be liable to others if the negligent management of his property creates a foreseeable risk of harm to others. The problem posed by your question, however, is whether the landowner knows of the criminal activity and has willingly failed to take any steps to remediate, correct, or warn others.
If an accident occurs, and it is the first that the landowner knew, without being willfully blind, he or she will not be liable.
Negligence cases are factually intensive, and each case really depends on its facts.
Very truly yours,
Anthony Roach, Esq.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
