Estates in Real PropertyServitudes
Section § 801
This law is about easements, which are certain rights one landowner might have to use another person's land. It lists different types of easements, like the right to walk or drive across someone else's property (right-of-way), take resources like water or minerals, or have access to sunlight or air over someone else's land. Other examples include rights to conduct activities like fishing, hunting, or sports on another's land, or to carry out business there. Easements can also involve infrastructure needs, like the use of a shared wall or maintaining a boundary fence.
Section § 801.5
This law section defines what a solar easement is, which is a legal right to receive sunlight on your property from an adjacent property, essential for solar energy systems. It describes two types of solar energy systems: devices that collect and use solar energy for heating or electricity, and specific structural features like solar panels or photovoltaic technology built into buildings. Additionally, when creating a solar easement, the agreement must include clear measurements, restrictions to prevent obstruction from structures or vegetation, and any conditions for changing or ending the easement. It also clarifies that an 'electric utility' refers to companies or local utilities providing electricity, but the solar easement is not for selling electricity to these entities.
Section § 801.7
If a railroad company focused on passenger transport gets permission to use a right-of-way, they're allowed to use the land to build, keep, and manage all the essential structures they need for their railroad and any related facilities. A 'railroad corporation' is defined elsewhere in the Public Utilities Code.
Section § 802
Section 802 discusses specific rights, called servitudes, that can be owned separately from the land itself. These include rights like pasturing animals, fishing, having a church seat, burial rights, collecting rents and tolls, using a pathway, and gathering resources like water, wood, and minerals from the land.
Section § 803
This law explains easements by defining two types of land: the 'dominant tenement' is the property that benefits from an easement, while the 'servient tenement' is the property that has to allow the easement.
Section § 804
Only someone who owns a legal interest in a property can create a servitude (a type of property interest) on it.
Section § 805
Section § 806
Section § 807
This law says that when a property (the dominant tenement) is divided up, any responsibilities or costs related to its use, like an easement, should also be split up fairly. However, this division should not make things harder for the neighboring property (the servient tenement) that might share some of these responsibilities.
Section § 808
If you own the rights to a future property, you can still use any easements on that property. This means you can check for property damage, collect rent, or clear anything that might block enjoyment of these rights, even if there's a tenant living there now.
Section § 809
If you own or live on a property that benefits from an easement (a legal right to use someone else's land), you can take legal action to make sure that right is respected.
Section § 810
If you own a piece of land outright, you can take legal action to get it back from anyone who is on it without permission, even if the land has some public right of use, like an easement.
Section § 811
This law explains how a servitude, which is a right one property owner has over another's land, can end. It ends if the same person owns both the servitude and the land it affects, if the property benefiting from the servitude is destroyed, if an action occurs on the property that isn't compatible with the servitude, or if the servitude isn't used for a certain period.
Section § 813
If you own land and want to allow public use but keep control over it, you can officially record a notice saying the public or any person can use the land only with your permission. This notice makes it clear in court that any use of the land by the public, beyond what's agreed in writing, is temporary and with your consent. To change this permission, you must also record a notice cancelling it. During the notice's effectiveness, you can't physically block public use if it's appropriate. When the land is used by a specific person or group, you have to mail them the notice. Recording this notice doesn't change any rights people already have. You can also set reasonable limits on how the public can use the land and breaking these limits means it's not considered public use.