The owner in fee of a servient tenement may maintain an action for the possession of the land, against any one unlawfully possessed thereof, though a servitude exists thereon in favor of the public.
Cal. Civ. Code § 810
Servitudes
Applied in 1 court decision — leading case Bel Marin Keys Community Services District v. Bel-Marin Enterprises, Inc. (1978)
Most recently applied in Bel Marin Keys Community Services District v. Bel-Marin Enterprises, Inc. (August 1978)
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.