Official Government Sites
887.010. As used in this chapter, "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.
887.020. This chapter does not apply to an easement that is part of
a unified or reciprocal system for the mutual benefit of multiple
887.030. This chapter supplements and does not limit or otherwise
affect the common law governing abandonment of an easement or any
other procedure provided by statute or otherwise for clearing an
abandoned easement from title to real property.
887.040. (a) The owner of real property subject to an easement may
bring an action to establish the abandonment of the easement and to
clear record title of the easement.
(b) The action shall be brought in the superior court of the
county in which the real property subject to the easement is located.
(c) The action shall be brought in the same manner and shall be
subject to the same procedure as an action to quiet title pursuant to
Chapter 4 (commencing with Section 760.010) of Title 10 of Part 2 of
the Code of Civil Procedure, to the extent applicable.
887.050. (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.
(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
887.060. (a) The owner of an easement may at any time record a
notice of intent to preserve the easement.
(b) In lieu of the statement of the character of the interest
claimed and the record location of the documents creating or
evidencing the easement claimed, as otherwise required by paragraph
(2) of subdivision (b) of Section 880.330, and in lieu of the legal
description of the real property in which the interest is claimed, as
otherwise required by paragraph (3) of subdivision (b) of Section
880.330, and notwithstanding the provisions of Section 880.340, or
any other provision in this title, a notice of intent to preserve an
easement may refer generally and without specificity to any or all
easements claimed by the claimant in any real property situated in
(c) An easement is not abandoned for purposes of this chapter if
either of the following occurs:
(1) A notice of intent to preserve the easement is recorded within
20 years immediately preceding commencement of the action to
establish the abandonment of the easement.
(2) A notice of intent to preserve the easement is recorded
pursuant to Section 887.070 after commencement of the action to
establish the abandonment of the easement and before judgment is
entered in the action.
887.070. In an action to establish the abandonment of an easement
pursuant to this chapter, the court shall permit the owner of the
easement to record a late notice of intent to preserve the easement
as a condition of dismissal of the action, upon payment into court
for the benefit of the owner of the real property the litigation
expenses attributable to the easement or portion thereof as to which
the notice is recorded. As used in this section, the term
"litigation expenses" means recoverable costs and expenses reasonably
and necessarily incurred in preparation for the action, including a
reasonable attorney's fee.
887.080. An abandoned easement is unenforceable and is deemed to
have expired. A court order establishing abandonment of an easement
pursuant to this chapter is equivalent for all purposes to a
conveyance of the easement to the owner of the real property.
887.090. Subject to Sections 880.370 (grace period for recording
notice) and 887.020, this chapter applies to all easements, whether
executed or recorded before, on, or after January 1, 1986.