California Civil Code. California
the close of the sale. Approval cannot be withheld if the purchaser has the financial ability to pay the fees and charges of the cooperative or condominium unless the ownership or management reasonably determines that, based on the purchaser’s prior residences, he or she will not comply with the rules and regulations of the cooperative or condominium.
(Added by Stats. 1990, Ch. 1505, Sec. 1.)
800.305. No agreement shall contain any provision by which the purchaser waives his or her rights under this article. Any waiver thereof shall be deemed contrary to public policy and void and unenforceable.
(Added by Stats. 1990, Ch. 1505, Sec. 1.)
800.306. This chapter applies only to the relationship between the management and the homeowners and residents of floating home marinas. Nothing in this chapter affects residential use of tide and submerged lands, including the public trust doctrine or any legislative grant of tide and submerged lands to a public entity, or the administration of these lands by the State Lands Commission or a legislative grantee. In addition, this chapter does not supplant, lessen, modify, or otherwise affect past or future regulation of floating homes or floating home marinas by the San Francisco Bay Conservation and Development Commission pursuant to the McAteer-Petris Act.
(Added by Stats. 1990, Ch. 1505, Sec. 1.)
CHAPTER 3. Servitudes [801 — 813]
(Chapter 3 enacted 1872.)
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 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.
(Amended by Stats. 1978, Ch. 1154.)
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:
(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) Any structural design feature of a building, 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.
(b) Any instrument creating a solar easement shall include, at a minimum, all of the following:
(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) The restrictions placed upon vegetation, structures, and other objects that would impair or obstruct the passage of sunlight through the easement.
(3) The terms or conditions, if any, under which the easement may be revised or terminated.
(Amended by Stats. 2000, Ch. 537, Sec. 2. Effective January 1, 2001.)
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) A “railroad 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