2009 California Civil Code - Section 801-813 :: Chapter 3. Servitudes

CIVIL CODE
SECTION 801-813

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 pasture;
   2. The right of fishing;
   3. The right of taking game;
   4. The right-of-way;
   5. The right of taking water, wood, minerals, and other things;
   6. The right of transacting business upon land;
   7. The right of conducting lawful sports upon land;
   8. The right of receiving air, light, or heat from or over, or
discharging the same upon or over land;
   9. The right of receiving water from or discharging the same upon
land;
   10. The right of flooding land;
   11. The right of having water flow without diminution or
disturbance of any kind;
   12. The right of using a wall as a party wall;
   13. The right of receiving more than natural support from adjacent
land or things affixed thereto;
   14. The right of having the whole of a division fence maintained
by a coterminous owner;
   15. The right of having public conveyances stopped, or of stopping
the same on land;
   16. The right of a seat in church;
   17. The right of burial;
   18. The right of receiving sunlight upon or over land as specified
in Section 801.5.

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 right of receiving sunlight
across real property of another for any solar energy system.
   As used in this section, "solar energy system" means either of the
following:
   (1) Any solar collector or other solar energy device whose primary
purpose is to provide for the collection, storage, and distribution
of solar energy for space heating, space cooling, electric
generation, or water heating.
   (2) Any structural design feature of a building, whose primary
purpose is to provide for the collection, storage, and distribution
of solar energy for electricity generation, space heating or cooling,
or for water heating.
   (b) Any instrument creating a solar easement shall include, at a
minimum, all of the following:
   (1) A description of the dimensions of the easement expressed in
measurable terms, such as vertical or horizontal angles measured in
degrees, or the hours of the day on specified dates during which
direct sunlight to a specified surface of a solar collector, device,
or structural design feature may not be obstructed, or a combination
of these descriptions.
   (2) The restrictions placed upon vegetation, structures, and other
objects that would impair or obstruct the passage of sunlight
through the easement.
   (3) The terms or conditions, if any, under which the easement may
be revised or terminated.

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 shall include, but not be
limited to, a right-of-way for the location, construction, and
maintenance of the railroad corporation's necessary works and for
every necessary adjunct thereto.
   (b) A "railroad corporation" shall have the same definition as
provided in Section 230 of the Public Utilities Code.

[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 pasture, and of fishing and taking game.
   Two--The right of a seat in church.
   Third--The right of burial.
   Four--The right of taking rents and tolls.
   Five--The right of way.
   Six--The right of taking water, wood, minerals, or other things.

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 the servient tenement.

804.  A servitude can be created only by one who has a vested estate
in the servient tenement.

805.  A servitude thereon cannot be held by the owner of the
servient tenement.

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.

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 a way as to increase the burden upon the servient
tenement.

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 an obstruction to the enjoyment of such
easements, although such tenement is occupied by a tenant.

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 attached thereto.

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 a servitude exists thereon in favor of the public.

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 of the servient tenement;
   3. By the performance of any act upon either tenement, by the
owner of the servitude, or with his assent, which is incompatible
with its nature or exercise; or,
   4. When the servitude was acquired by enjoyment, by disuse thereof
by the owner of the servitude for the period prescribed for
acquiring title by enjoyment.

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 is
situated, a description of said land and a notice reading
substantially as follows: "The right of the public or any person to
make any use whatsoever of the above described land or any portion
thereof (other than any use expressly allowed by a written or
recorded map, agreement, deed or dedication) is by permission, and
subject to control, of owner: Section 813, Civil Code."
   The recorded notice is conclusive evidence that subsequent use of
the land during the time such notice is in effect by the public or
any user for any purpose (other than any use expressly allowed by a
written or recorded map, agreement, deed or dedication) is permissive
and with consent in any judicial proceeding involving the issue as
to whether all or any portion of such land has been dedicated to
public use or whether any user has a prescriptive right in such land
or any portion thereof. The notice may be revoked by the holder of
record title by recording a notice of revocation in the office of the
recorder wherein the notice is recorded. After recording a notice
pursuant to this section, and prior to any revocation thereof, the
owner shall not prevent any public use appropriate thereto by
physical obstruction, notice or otherwise.
   In the event of use by other than the general public, any such
notices, to be effective, shall also be served by registered mail on
the user.
   The recording of a notice pursuant to this section shall not be
deemed to affect rights vested at the time of recording.
   The permission for public use of real property provided for in
such a recorded notice may be conditioned upon reasonable
restrictions on the time, place, and manner of such public use, and
no use in violation of such restrictions shall be considered public
use for purposes of a finding of implied dedication.


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