CHAPTER 3. Servitudes
Chapter 3 enacted 1872.
§§ 801–813 · 14 sections
- § 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…
- § 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…
- § 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…
- § [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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…