A thing is deemed to be incidental or appurtenant to land when it is by right used with the land for its benefit, as in the case of a way, or watercourse, or of a passage for light, air, or heat from or across the land of another.
Cal. Civ. Code § 662
NATURE OF PROPERTY
Applied in 16 court decisions — leading case 24 Cal. 4th 830 - Apartment Ass'n of L.A. Cty. Inc. v. City of Los Angeles (2001)
Most recently applied in Cleveland Nat'l Forest Found. v. Cnty. of San Diego (July 2019)
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.