A servitude can be created only by one who has a vested estate in the servient tenement.
Cal. Civ. Code § 804
Servitudes
Applied in 2 court decisions — leading case City of National City v. California Water & Telephone Co. (1962)
Most recently applied in 59 Cal. App. 4th 1141 - Kucera v. Lizza (December 1997)
Enacted 1872.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.