As used in this chapter, “easement” means a burden or servitude upon land, whether or not attached to other land as an incident or appurtenance, that allows the holder of the burden or servitude to do acts upon the land.
Chapter 7Abandoned Easements
Section § 887.010
In simple terms, an 'easement' is a right someone has to use someone else's land for a specific purpose. This right doesn't have to be tied to owning other nearby land and it lets the easement holder do certain things on the land.
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Section § 887.020
This law doesn't apply to easements that are designed to help multiple parties share certain benefits together.
This chapter does not apply to an easement that is part of a unified or reciprocal system for the mutual benefit of multiple parties.
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Section § 887.030
This law section adds to existing common law about giving up an easement without limiting it. It also doesn't change any other legal ways to officially remove an abandoned easement from a property title.
This chapter supplements and does not limit or otherwise affect the common law governing abandonment of an easement or any other procedure provided by statute or otherwise for clearing an abandoned easement from title to real property.
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Section § 887.040
If you own land with an easement on it (an easement is a right for someone else to use part of your land for a specific purpose), you can file a case in court to officially have it declared as abandoned and taken off the records. This case needs to be filed in the local county's superior court where the land is located. The process for this is similar to a quiet title action, which is a way to resolve who legally owns or has rights to the property.
(a)CA Civil Law Code § 887.040(a) The owner of real property subject to an easement may bring an action to establish the abandonment of the easement and to clear record title of the easement.
(b)CA Civil Law Code § 887.040(b) The action shall be brought in the superior court of the county in which the real property subject to the easement is located.
(c)CA Civil Law Code § 887.040(c) The action shall be brought in the same manner and shall be subject to the same procedure as an action to quiet title pursuant to Chapter 4 (commencing with Section 760.010) of Title 10 of Part 2 of the Code of
Civil Procedure, to the extent applicable.
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Section § 887.050
This law says an easement is considered abandoned if it meets three conditions over 20 years: it's not used, no property taxes are assessed or paid, and no record exists showing the easement was created or changed. Even if the original document says otherwise, these rules apply unless the document specifies the easement ends sooner.
(a)CA Civil Law Code § 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)CA Civil Law Code § 887.050(a)(1) The easement is not used at any time.
(2)CA Civil Law Code § 887.050(a)(2) No separate property tax assessment is made of the easement or, if made, no taxes are paid on the assessment.
(3)CA Civil Law Code § 887.050(a)(3) No instrument creating, reserving, transferring, or
otherwise evidencing the easement is recorded.
(b)CA Civil Law Code § 887.050(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.
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Section § 887.060
This law allows the owner of an easement—that's a right to use someone else's land for a specific purpose—to officially record their intention to keep that easement active. They can do this without specifically describing the easement or the property it affects. An easement won't be considered abandoned if the owner records this intent within 20 years before any legal action claiming it's been abandoned begins, or even after the action starts but before a court decision is made.
(a)CA Civil Law Code § 887.060(a) The owner of an easement may at any time record a notice of intent to preserve the easement.
(b)CA Civil Law Code § 887.060(b) In lieu of the statement of the character of the interest claimed and the record location of the documents creating or evidencing the easement claimed, as otherwise required by paragraph (2) of subdivision (b) of Section 880.330, and in lieu of the legal description of the real property in which the interest is claimed, as otherwise required by paragraph (3) of subdivision (b) of Section 880.330, and notwithstanding the provisions of Section 880.340, or any other
provision in this title, a notice of intent to preserve an easement may refer generally and without specificity to any or all easements claimed by the claimant in any real property situated in the county.
(c)CA Civil Law Code § 887.060(c) An easement is not abandoned for purposes of this chapter if either of the following occurs:
(1)CA Civil Law Code § 887.060(c)(1) A notice of intent to preserve the easement is recorded within 20 years immediately preceding commencement of the action to establish the abandonment of the easement.
(2)CA Civil Law Code § 887.060(c)(2) A notice of intent to preserve the easement is recorded pursuant to Section 887.070 after commencement of the action to establish the abandonment of the easement and before judgment is entered in the action.
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Section § 887.070
If there's a legal action to declare an easement abandoned, the court can allow the easement owner to file a late notice to keep the easement, but only if they pay litigation costs to the property owner involved in the case. Litigation expenses mean costs like legal fees that were necessary for preparing the case.
In an action to establish the abandonment of an easement pursuant to this chapter, the court shall permit the owner of the easement to record a late notice of intent to preserve the easement as a condition of dismissal of the action, upon payment into court for the benefit of the owner of the real property the litigation expenses attributable to the easement or portion thereof as to which the notice is recorded. As used in this section, the term “litigation expenses” means recoverable costs and expenses reasonably and necessarily incurred in preparation for the action, including a reasonable attorney’s fee.
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Section § 887.080
If an easement (a legal right to use someone else's land) is abandoned, it cannot be enforced anymore and is considered expired. A court decision that officially recognizes the easement as abandoned acts just like the owner of the land gaining back full rights to their property.
An abandoned easement is unenforceable and is deemed to have expired. A court order establishing abandonment of an easement pursuant to this chapter is equivalent for all purposes to a conveyance of the easement to the owner of the real property.
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Section § 887.090
This law applies to all types of easements, regardless of when they were created or recorded, even if it was before January 1, 1986. There's an exception for certain situations described in Sections 880.370 and 887.020.
Subject to Sections 880.370 (grace period for recording notice) and 887.020, this chapter applies to all easements, whether executed or recorded before, on, or after January 1, 1986.
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