California CodesCivil Code - CIVDivision 2 — PropertyPart 2 — Real or Immovable Property [755 – 945.5]Title 5 — Marketable Record TitleChapter 7 — Abandoned EasementsSection 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.
Notes
Requires a court hearing an easement-abandonment action to permit the easement owner to record a late notice of intent to preserve the easement as a condition of dismissing the action, if the owner pays the affected property owner’s attributable litigation expenses into court. Those expenses include reasonably necessary recoverable costs and reasonable attorney’s fees.
Use as reference
Lexinter.net | California Code, Civil Code - CIV § 887.070 | https://laws.lexinter.net/codes/california/civil-code/division-2/part-2/title-5/chapter-7/section-887-070