In case of partition of the dominant tenement the burden must be apportioned according to the division of the dominant tenement, but not in such a way as to increase the burden upon the servient tenement.
Cal. Civ. Code § 807
Servitudes
Applied in 2 court decisions — leading case Russell v. Palos Verdes Properties (1963)
Most recently applied in 231 Cal. App. 2d 873 - Leggio v. Haggerty (January 1965)
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.