Title 21, Real Property

COL120106 A servitude thereon cannot be held by the owner of the servient tenement. SOURCE: CC '805.

The extent of a servitude is determined by the terms of the grant, or the nature of the enjoyment by which it was acquired. SOURCE: CC '806.

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. SOURCE: CC '807.

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. SOURCE: CC '808.

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. SOURCE: CC '809.

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. SOURCE: CC '810.

A servitude is extinguished: COL120106 (a) By the vesting of the right to the servitude and the right to the servient tenement in the same person; (b) By the destruction of the servient tenement; (c) By the performance of any act upon either tenement, by the owner of the servitud…