California CodesCivil Code - CIVDivision 2 — PropertyPart 2 — Real or Immovable Property [755 – 945.5]Title 5 — Marketable Record TitleChapter 7 — Abandoned EasementsSection 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 expiration date.
Notes
Defines an easement as abandoned when, for the 20 years immediately before the abandonment action, it was never used, had no separately paid property-tax assessment, and had no recorded instrument evidencing it. The rule overrides contrary recorded terms unless the creating or other recorded document provides an earlier expiration date.
Use as reference
Lexinter.net | California Code, Civil Code - CIV § 887.050 | https://laws.lexinter.net/codes/california/civil-code/division-2/part-2/title-5/chapter-7/section-887-050