California Civil Code 887.050 – (a) For purposes of this chapter, an easement is abandoned if …
(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) The easement is not used at any time.
Terms Used In California Civil Code 887.050
- 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. See California Civil Code 887.010
- property: includes property real and personal. See California Civil Code 14
(2) No separate property tax assessment is made of the easement or, if made, no taxes are paid on the assessment.
(3) No instrument creating, reserving, transferring, or otherwise evidencing the easement is recorded.
(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.
(Added by Stats. 1985, Ch. 157, Sec. 2.)