801-813
CIVIL CODE
SECTION 801-813
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.
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.
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.