California Civil Code CHAPTER 3 - Servitudes

• Section 801.
  The following land burdens, or servitudes upon land, may be attached to other land as incidents or appurtenances, and are then called easements:1. The right of...
• Section 801.5.
  (a) The right of receiving sunlight as specified in subdivision 18 of Section 801 shall be referred to as a solar easement. “Solar easement” means the...
• Section 801.7.
  (a) When a right-of-way is granted pursuant to Section 801 or 802 to a railroad corporation whose primary business is the transportation of passengers, the grant...
• Section [802.].
   Section Eight Hundred and Two. The following land burdens, or servitudes upon land, may be granted and held, though not attached to land:One—The right to...
• Section 803.
  The land to which an easement is attached is called the dominant tenement; the land upon which a burden or servitude is laid is called...
• Section 804.
  A servitude can be created only by one who has a vested estate in the servient tenement.(Enacted 1872.)
• Section 805.
  A servitude thereon cannot be held by the owner of the servient tenement.(Enacted 1872.)
• Section 806.
  The extent of a servitude is determined by the terms of the grant, or the nature of the enjoyment by which it was acquired.(Enacted 1872.)
• Section 807.
  In case of partition of the dominant tenement the burden must be apportioned according to the division of the dominant tenement, but not in such...
• Section 808.
  The owner of a future estate in a dominant tenement may use easements attached thereto for the purpose of viewing waste, demanding rent, or removing...
• Section 809.
  The owner of any estate in a dominant tenement, or the occupant of such tenement, may maintain an action for the enforcement of an easement...
• Section 810.
  The owner in fee of a servient tenement may maintain an action for the possession of the land, against any one unlawfully possessed thereof, though...
• Section 811.
  A servitude is extinguished:1. By the vesting of the right to the servitude and the right to the servient tenement in the same person;2. By the destruction...
• Section 813.
  The holder of record title to land may record in the office of the recorder of any county in which any part of the land...

Last modified: October 22, 2018