California Codes, Civil Code - CIV, Division 2 — Property, Part 2 — Real or Immovable Property, Title 2 — Estates in Real Property, Chapter 3 — Servitudes, Section 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.
Notes
Allows the fee owner of a servient tenement to bring an action for possession of the land against anyone unlawfully possessing it, even when a servitude exists on the land for the public’s benefit. The public servitude does not prevent the fee owner from pursuing possession against an unlawful possessor.
Use as reference
Lexinter.net | California Code, Civil Code - CIV § 810 | https://laws.lexinter.net/codes/california/civil-code/division-2/part-2/title-2/chapter-3/section-810