A transfer of real property passes all easements attached thereto, and creates in favor thereof an easement to use other real property of the person whose estate is transferred in the same manner and to the same extent as such property was obviously and permanently used by the person whose estate is transferred, for the benefit thereof, at the time when the transfer was agreed upon or completed.
Cal. Civ. Code § 1104
Effect of Transfer
Applied in 43 court decisions — leading case 53 Cal. 2d 512 - Laux v. Freed (1960)
Most recently applied in 8 Cal. App. 5th 1057 - Vieira Enterprises, Inc. v. McCoy (January 2017)
Enacted 1872.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.