Cal. Codes » Civil Code / DIVISION 2. PROPERTY / PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5.] / TITLE 5. MARKETABLE RECORD TITLE / CHAPTER 7. Abandoned Easements
California Codes

Cal. Civil Code § 887.040 (2026)

Abandoned Easements

✓ leginfo export of Sept. 26, 2026 (applied Oct. 1, 2026)
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(a)The owner of real property subject to an easement may bring an action to establish the abandonment of the easement and to clear record title of the easement.

(b)The action shall be brought in the superior court of the county in which the real property subject to the easement is located.

(c)The action shall be brought in the same manner and shall be subject to the same procedure as an action to quiet title pursuant to Chapter 4 (commencing with Section 760.010) of Title 10 of Part 2 of the Code of Civil Procedure, to the extent applicable.

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2014–2024 · leading case: Desmet v. Martindale, No. B240472 (Cal. Ct. App. Feb. 20, 2014).
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Desmet v. Martindale, No. B240472 (Cal. Ct. App. Feb. 20, 2014). · cites it 2× “The Martindales responded with a cross- complaint for statutory abandonment of easement (Civ. Code, § 887.040), declaratory relief seeking a judicial determination of the rights and duties of Desmet and “any unknown cross-defendants’ assertion of an interest” in the easement,…”
Tesoro Refining & Mktg. Co. v. Rickley, No. B317441 (Cal. Ct. App. Mar. 25, 2024). “(Civ. Code, §§ 887.040–887.070.) The MRTA was enacted in 1982 “to simplify and facilitate real property title transactions in furtherance of public policy by enabling persons to rely on record title to the extent provided in this title, with respect to the property interests…”
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