Section 65871 Of Article 2.7. Covenants For Easement From California Government Code >> Division 1. >> Title 7. >> Chapter 4. >> Article 2.7.
65871
. (a) In addition to any other method for the creation of an
easement, an easement may be created pursuant to an ordinance adopted
implementing this article, by a recorded covenant of easement made
by an owner of real property to the city or county. An easement
created pursuant to this article may be for parking, ingress, egress,
emergency access, light and air access, landscaping, or open-space
purposes.
(b) At the time of recording of the covenant of easement, all the
real property benefited or burdened by the covenant shall be in
common ownership. The covenant shall be effective when recorded and
shall act as an easement pursuant to Chapter 3 (commencing with
Section 801) of Title 2 of Part 2 of Division 2 of the Civil Code,
except that it shall not merge into any other interest in the real
property. Section 1104 of the Civil Code shall be applicable to
conveyance of the affected real property.
(c) A covenant of easement recorded pursuant to this section
shall describe the real property to be subject to the easement and
the real property to be benefited thereby. The covenant of easement
shall also identify the approval, permit, or designation granted
which relied upon or required the covenant.
(d) A covenant executed pursuant to this section shall be
enforceable by the successors in interest to the real property
benefited by the covenant.