California Codes

Cal. Civil Code § 815.1 (2026)

✓ current as of May 2026

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For the purposes of this chapter, “conservation easement” means any limitation in a deed, will, or other instrument in the form of an easement, restriction, covenant, or condition, which is or has been executed by or on behalf of the owner of the land subject to such easement and is binding upon successive owners of such land, and the purpose of which is to retain land predominantly in its natural, scenic, historical, agricultural, forested, or open-space condition.

Notes of Decisions

Cited in 7 cases (4 in the last 5 years), 2003–2024 · leading case: Wooster v. Dep't of Fish & Game, 211 Cal. App. 4th 1020 (Cal. Ct. App. 2012).

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Wooster v. Dep't of Fish & Game, 211 Cal. App. 4th 1020 (Cal. Ct. App. 2012). · cites it 2× “1 by any lawful method for the transfer of interests in real property in this state.”

City of Martinez v. Texaco Trading & Transp., Inc., 353 F.3d 758 (9th Cir. 2003). “Here, the City seeks damages under California Civil Code §§ 815.1 and 815.3(b) for “the loss of scenic, aesthetic, or environmental value to the real property subject to the easement.”

V Lions Farming, LLC v. Cnty. of Kern (Cal. Ct. App. 2024). · cites it 2× “” (Civ. Code, § 815.1.) A conservation easement “shall be perpetual in duration,” “shall constitute an interest in real property,” and its characteristics shall be those specified in the written instrument.”

The Sonoma Land Trust v. Thompson (Cal. Ct. App. 2021). “” (Civ. Code, §§ 815.1, 815.3.) The Legislature has declared these features to be “among the most important environmental assets of California” and encourages landowners to convey conservation easements to qualified nonprofits.”

290 Div. (EAT), LLC v. City & Cnty. of S.F. (Cal. Ct. App. 2022). “(Civ. Code, § 815.1.) Such easements are thus permitted and afforded favorable tax treatment as a form of land use restriction for the benefit of the public, whether granted to a public agency or the specified types of nonprofit entities described in the statute.”

Collins v. Cnty. of Monterey Bd. of Supervisors (N.D. Cal. 2021). “See Cal. Civ. Code § 815.1 , 815.2(d). Just as easements can be created by 10 express agreement between the parties, an easement can similarly be terminated by the 11 terms of an easement agreement or deed.”

Paulek v. Dept. of Fish & Game CA4/1 (Cal. Ct. App. 2014). “" (Civ. Code, §§ 815.1, 815.2.) 2 All further statutory references are to the Public Resources Code unless otherwise indicated.”

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