California Civil Code. California

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СКАЧАТЬ corporation” shall have the same definition as provided in Section 230 of the Public Utilities Code.

      (Added by Stats. 1982, Ch. 1553, Sec. 1.)

      [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 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.

      (Amended by Code Amendments 1873-74, Ch. 612.)

      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.

      (Enacted 1872.)

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

      (Enacted 1872.)

      805. A servitude thereon cannot be held by the owner of the servient tenement.

      (Enacted 1872.)

      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.

      (Enacted 1872.)

      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 increase the burden upon the servient tenement.

      (Enacted 1872.)

      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 obstruction to the enjoyment of such easements, although such tenement is occupied by a tenant.

      (Enacted 1872.)

      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.

      (Enacted 1872.)

      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 exists thereon in favor of the public.

      (Enacted 1872.)

      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 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.

      (Enacted 1872.)

      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 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.

      (Amended by Stats. 1971, Ch. 941.)

      CHAPTER 4. Conservation Easements [815 — 816]

      (Chapter 4 added by Stats. 1979, Ch. 179.)

      815. The Legislature finds and declares that the preservation of land in its natural, scenic, agricultural, historical, forested, or open-space condition is among the most important environmental assets of California. The Legislature further finds and declares it to be the public policy and in the public interest of this state to encourage the voluntary conveyance of conservation easements to qualified nonprofit organizations.

      (Added by Stats. 1979, Ch. 179.)

      815.1. For the purposes of this chapter, “conservation easement” means any limitation in a deed, will, or other instrument in the form of an easement, restriction, covenant, or condition, which is or has been executed by or on behalf of the owner of the land subject to such easement and is binding upon successive owners of such land, and the purpose of which is to retain land predominantly in its natural, scenic, historical, agricultural, forested, or open-space condition.

      (Added by Stats. 1979, Ch. 179.)

      815.2. (a) A conservation easement is an interest in real property voluntarily created and freely transferable in whole or in part for the purposes stated in Section 815.1 by any lawful method for the transfer of interests in real property in this state.

      (b) A conservation easement shall be perpetual in duration.

      (c) A conservation easement shall not be deemed personal in nature and shall constitute an interest in real property notwithstanding the fact that it may be negative in character.

      (d) The particular characteristics of a conservation easement shall be those granted or specified in the instrument creating or transferring the easement.

      (Added by Stats. 1979, Ch. 179.)

      815.3. Only the following entities or organizations may acquire and hold conservation easements:

      (a) A СКАЧАТЬ