« 이전계속 »
804. A servitude can be created only by one who has a vested estate in the servient tenement.
805. A servitude thereon cannot be held by the owner of the servient tenement.
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.
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.
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.
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.
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.
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.
Rights and Obligations of Owners. Chapter I. Rights of Owners.
II. Obligations of Owners.
Rights of Owners. Article I. Incidents of Ownership.
Incidents of Ownership. Section
Section 818. Rights of tenants for life. 823. Rights of lessees and as819. Rights of tenants for years.
signees. 820. Same.
824. Remedy on leases for life. 821. Rights of grantees, rents 825. Rent dependent on life. and reversion.
826. Remedy of reversioners, etc. 822. Liability of assignee of 827. Change of terms of lease, lessee.
818. The owner of a life estate may use the land in the same manner as the owner of a fee-simple, except that he must do no act to the injury of the inheritance.
819. A tenant for years or at will, unless he is a wrong-doer by holding over, may occupy the buildings, take the annual products of the soil, work mines and quarries open at the commencement of his tenancy.
820. A tenant for years or at will has no other rights to the property than such as are given to him by the agreement or instrument by which his tenancy is acquired, or by the last section.
821. A person to whom any real property is transferred or devised, upon which rent has been reserved, or to whom any such rent is transferred, is entitled to the same remedies for recovery of rent, for nonperformance of any of the terms of the lease, or for any waste or cause of forfeiture, as his grantor or devisor might have had.
822. Whatever remedies the lessor of any real property has against his immediate lessee for the breach of any agreement in the lease, or for recovery of the possession, he has against the assignees of the lessee, for any cause of action accruing while they are such assignees, except where the assignment is made by way of security for a loan, and is not accompanied by possession of the premises. 1905–599.
823. Whatever remedies the lessee of any real property may have against his immediate lessor, for the breach of any agreement in the lease, he may have against the assigns of the lessor, and the assigns of the lessee may have against the lessor and his assigns, except upon covenants against encumbrances or relating to the title or possession of the premises.
824. Rent due upon a lease for life may be recovered in the same manner as upon a lease for years.
825. Rent dependent on the life of a person may be recovered after as well as before his death.
826. A person having an estate in fee, in remainder or reversion, may maintain an action for any injury done to the inheritance, notwithstanding an intervening estate for life or years, and although, after its commission, his estate is transferred, and he has no interest in the property at the commencement of the action.
827. In all leases of lands or tenements, or of any interest therein, from month to month, the landlord may, upon giving notice in writing at least thirty days before the expiration of the month, change the terms of the lease to take effect at the expiration of the month. The notice, when served upon the tenant, shall of itself operate and be effectual to create and establish, as a part of the lease, the terms, rent, and conditions specified in the notice, if the tenant shall continue to hold the premises after the expiration of the month. 1907–58.
829. Rights of owner.
829. The owner of land in fee has the right to the surface and to everything permanently situated beneath or above it.
830. Except where the grant under which the land is held indicates a different intent, the owner of the upland, when it borders on tidewater, takes to ordinary high-water mark; when it borders upon a navigable lake or stream, where there is no tide, the owner takes to the edge of the lake or stream, at low-water mark; when it borders upon any other water, the owner takes to the middle of the lake or stream. 1873-220.
831. An owner of land bounded by a road or street is presumed to own to the center of the way, but the contrary may be shown.
832. Each coterminous owner is entitled to the lateral and subjacent support which his land receives from the adjoining land, subject to the right of the owner of the adjoining land to make proper and usual excavations on the same for the purposes of construction, on using ordinary care and skill, and taking reasonable precautions to sustain the land of the other, and giving previous reasonable notice to the other of his intention to make such excavations. 1873–
833. Trees whose trunks stand wholly upon the land of one owner belong exclusively to him, although their roots grow into the land of another.
834. Trees whose trunks stand partly on the land of two or more coterminous owners, belong to them in common.
Obligations of Owners. Section
Section 840. Duties of tenant for life. 843. Neglect to pay proportion of 841. Monuments and fences.
expense, liable. 842. Ditches and flumes, mutual
840. The owner of a life estate must keep the buildings and fences in repair from ordinary waste, and must pay the taxes and other annual charges, and a just proportion of extraordinary assessments benefiting the whole inheritance.
841._ Coterminous owners are mutually bound equally to maintain: 1. The boundaries and monuments between them;
2. The fences between them, unless one of them chooses to let his land lie without fencing; in which case, if he afterwards incloses it, he must refund to the other a just proportion of the value, at that time, of any division fence made by the latter.
842. When two or more persons are associated by agreement in the use of a ditch, flume, pipe line or other conduit for the conveyance of water, or who are using such ditch, flume, pipe line or other conduit, or any part thereof, for the irrigation of land or for any other lawful purpose, to the construction of which they or their grantors have contributed, he is liable to the others for the reasonable expenses of maintaining and repairing the same, and of distributing such water in proportion to the share to which he is entitled in the use of the water. 1905–600.
843. If any one of them neglects, after demand in writing, to pay his proportion of such expenses, he is liable therefor in an action for contribution, and in any judgment obtained against him interest from the time of such demand must be included. The action authorized by this section must be brought by any or all of the parties who have contributed more than his or their just proportion of such expenses, and may be joint or several, and therein plaintiff may recover as costs, reasonable counsel fees, to be fixed by the court. 1905—600.
Uses and Trusts. Section
Section 847. What uses and trusts may 864. Author of trust may devise, exist.
etc. 852. Trust must be in writing. 865. Grant, conveys, except trust 853. Transfer to one money of interest. another.
866. Interest remaining grantor, 856. Purchasers protected.
express trust. 857. Express trusts, generally. 867. Disposition trust, limited. 858. Mortgage powers vested. 869. Effect of omitting trust in 859. Land profits liable to cred conveyance. itors.
869a. Conveyance trust property 860. Trust powers vested, sür generally. vivors.
870. Trustees' sale void. 863. Trustees of express trust, 871. Trustee estate, ceases.
whole estate. 847. Uses and trusts in relation to real property are those only which are specified in this title.
852. No trust in relation to real property is valid unless created or declared :
1. By a written instrument, subscribed by the trustee, or by his agent thereto authorized by writing;
2. By the instrument under which the trustee claims. the estate affected; or,
3. By operation of law.
853. When a transfer of real property is made to one person, and the consideration therefor is paid by or for another, a trust is presumed to result in favor of the person by or for whom such payment is made. 1873–221.
856. No implied or resulting trust can prejudice the rights of a purchaser or encumbrancer of real property for value and without notice of the trust.
857. Express trusts may be created for any of the following purposes:
1. To sell and convey real property and to hold or reinvest or apply or dispose of the proceeds in accordance with the instrument creating the trust.
2. To mortgage or lease real property for the benefit of annuitants, or devisees or legatees, or other beneficiaries, or for the purpose of satisfying any charge thereon.
3. To receive the rents and profits of real property, and pay them to, or apply them to the use of any person, whether ascertained at the time of the creation of the trust or not, for himself or for his family during the life of such person, or for any shorter term, subject to the rules of title 2 of division 2 of part 1 of this code.
4. To receive the rents and profits of real property and to accumulate the same for the purposes and within the limits prescribed by the same title; or