A property in a State Fire Responsibility Area (SRA) in El Dorado County lacks the vegetation clearance required by California law. Under California law, who is legally responsible for maintaining defensible space around structures on private property within an SRA?
Correct Answer
B) The property owner, who is required to maintain defensible space under Public Resources Code §4291
Public Resources Code §4291 places the legal obligation to maintain defensible space — including a minimum 100-foot fuel modification zone around structures — squarely on the property owner. This duty applies to whoever holds ownership at the time and is not transferred to other transaction parties.
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Previous Question
A first-time buyer in San Diego asks their agent what happens if the seller fails to provide an NHD before closing. Under California law, what right does the buyer have?
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A listing agent orders an NHD report that shows no seismic hazard designation. After the report is prepared, the California Geological Survey updates its maps and places the property within a Seismic Hazard Zone. The buyer's agent discovers the new designation before closing. Under California law, how is liability most likely allocated for the outdated NHD information?
