California Civil Code Sections 801 and 801.5 - Types of Easements


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.


(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.

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