2017 California Code
Civil Code - CIV
DIVISION 2 - PROPERTY
PART 2 - REAL OR IMMOVABLE PROPERTY
TITLE 5 - MARKETABLE RECORD TITLE
CHAPTER 7 - Abandoned Easements
Section 887.050.

Universal Citation: CA Civ Code § 887.050 (2017)
887.050.  

(a) For purposes of this chapter, an easement is abandoned if all of the following conditions are satisfied for a period of 20 years immediately preceding commencement of the action to establish abandonment of the easement:

(1) The easement is not used at any time.

(2) No separate property tax assessment is made of the easement or, if made, no taxes are paid on the assessment.

(3) No instrument creating, reserving, transferring, or otherwise evidencing the easement is recorded.

(b) This section applies notwithstanding any provision to the contrary in the instrument creating, reserving, transferring, or otherwise evidencing the easement or in another recorded document, unless the instrument or other document provides an earlier expiration date.

(Added by Stats. 1985, Ch. 157, Sec. 2.)

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