Cal. Codes » Civil Code / DIVISION 2. PROPERTY / PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5.] / TITLE 2. ESTATES IN REAL PROPERTY / CHAPTER 3. Servitudes
California Codes

Cal. Civil Code § 805 (2026)

Servitudes

✓ current as of May 2026
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A servitude thereon cannot be held by the owner of the servient tenement.

Notes of Decisions
Cited in 8 cases (2 in the last 5 years), 1970–2025 · leading case: Beyer v. Tahoe Sands Resort, 29 Cal. Rptr. 3d 561 (Cal. Ct. App. 2005).
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Beyer v. Tahoe Sands Resort, 29 Cal. Rptr. 3d 561 (Cal. Ct. App. 2005). “(Civ. Code, § 805. 5 ) We agree with plaintiffs and shall reverse the judgment.”
Tract Dev. Servs., Inc. v. Kepler, 199 Cal. App. 3d 1374 (Cal. Ct. App. 1988). “(Civ. Code, §§ 805, 811, subd. 1.) This common ownership purportedly occurred when both Davis and the Downs owned fee title to all of blocks C, D and E.”
Perez v. 222 Sutter Street Partners, 222 Cal. App. 3d 938 (Cal. Ct. App. 1990). “(Civ. Code, § 805.) An easement did not exist until it was created in favor of Mycix.”
Lutz v. Krauter, 553 N.W.2d 749 (N.D. 1996). “, explains the concept of quasi-easement as follows: “Miller & Starr, in discussing the sale of property, asserts the following: ‘Although a person cannot have an easement on his own property, an owner may use one portion of his land for the use and benefit of another portion.”
People Ex Rel. Dep't of Pub. Works v. Younger, 5 Cal. App. 3d 575 (Cal. Ct. App. 1970). · cites it 2× “” Civil Code, section 805. No legal instrument purported to convey any easement around area D for the benefit of area Y.”
Raymond Vill. v. North Orange Cnty. Cmty. Coll. Dist., No. G062474 (Cal. Ct. App. Jan. 13, 2025). · cites it 2× “(Civ. Code, § 805 [“‘A servitude thereon cannot 10 be held by the owner of the servient tenement’”].”
Juarez v. Ward, 88 Cal. App. 5th 730 (Cal. Ct. App. 2023). “) “The 6 Civil Code section 805 reads, “A servitude thereon cannot be held by the owner of the servient tenement.”
Keller v. Donegan, No. C068967 (Cal. Ct. App. Feb. 6, 2014). “” (Civ. Code, § 805.) 8 The merger doctrine is codified in Civil Code section 811, which states, “A servitude is extinguished: [¶] 1.”
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