Section § 801

Explanation

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.

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.

Section § 801.5

Explanation

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.

(a)CA Civil Law Code § 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 that is designed to serve one utility retail customer on the same property, more than one utility retail customer on the same property, one utility retail customer on the same, adjacent, or contiguous properties, or more than one utility retail customer on the same, adjacent or contiguous properties, and is not designed for procurement of electricity by an electric utility:
(1)CA Civil Law Code § 801.5(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)CA Civil Law Code § 801.5(2) A structural design feature, including the following:
(A)CA Civil Law Code § 801.5(2)(A) Solar racking, solar mounting, and elevated solar support structures, including, but not limited to, solar carports, solar shade structures, solar awnings, solar canopies, and solar patio covers, regardless of whether the feature is on the ground or on a building. Elevated solar support structures include the aboveground superstructure and associated foundation elements that support the solar collectors or other solar energy devices described in paragraph (1).
(B)CA Civil Law Code § 801.5(2)(B) Any design feature 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.
(C)CA Civil Law Code § 801.5(2)(C) Any photovoltaic device or technology that is integrated into a building, including, but not limited to, photovoltaic windows, siding, and roofing shingles or tiles.
(b)CA Civil Law Code § 801.5(b) Any instrument creating a solar easement shall include, at a minimum, all of the following:
(1)CA Civil Law Code § 801.5(b)(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)CA Civil Law Code § 801.5(b)(2) The restrictions placed upon vegetation, structures, and other objects that would impair or obstruct the passage of sunlight through the easement.
(3)CA Civil Law Code § 801.5(b)(3) The terms or conditions, if any, under which the easement may be revised or terminated.
(c)CA Civil Law Code § 801.5(c) As used in this section, “electric utility” means an electrical corporation as defined in Section 218 of the Public Utilities Code or a local publicly owned electric utility as defined in Section 224.3 of the Public Utilities Code.

Section § 801.7

Explanation

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.

(a)CA Civil Law Code § 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)CA Civil Law Code § 801.7(b) A “railroad corporation” shall have the same definition as provided in Section 230 of the Public Utilities Code.

Section § 802

Explanation

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.

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.

Section § 803

Explanation

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.

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.

Section § 804

Explanation

Only someone who owns a legal interest in a property can create a servitude (a type of property interest) on it.

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

Section § 805

Explanation
If you own a piece of land, you can't hold certain rights or restrictions (called a servitude) over it yourself.
A servitude thereon cannot be held by the owner of the servient tenement.

Section § 806

Explanation
How far someone can use or control someone else's property depends on what the agreement says or how the property has been used in the past.
The extent of a servitude is determined by the terms of the grant, or the nature of the enjoyment by which it was acquired.

Section § 807

Explanation

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.

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.

Section § 808

Explanation

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.

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.

Section § 809

Explanation

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.

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.

Section § 810

Explanation

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.

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.

Section § 811

Explanation

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.

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.

Section § 813

Explanation

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.

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.