15. The right of having public conveyances stopped, or of stopping the same on land;

16. The right of a seat in church;

En.

March 21, 1872.

17. The right of burial. Cal.Rep.Cit. 56, 13; 69, 293; 91, 84; 120, 493; 136, 48. 120, 490.

83, 517; 83, 518; 90, 286; Subd. 4-132, 236. Subd. 8

Coterminous owners, rights, and duties: See post, secs. 832, 841.

Easements passing with property: See post, sec. 1104. Flow of water: See ante, sec. 552.

§ 802.

Servitudes not attached to land. The following land burdens or servitudes upon land, may be granted and held, though not attached to land:

1. The right to pasture, and of fishing and taking game. 2. The right of a seat in church.

3. The right of burial.

4. The right of taking rents and tolls.

5. The right of way.

6. The right of taking water, wood, minerals, or other things. En. March 21, 1872. Am'd. 1873-4, 219.

Cal.Rep.Cit. 65, 48; 69, 323; 91, 84; 99, 212; 109, 37. Subd. 5-110, 585.

803. Designation of estates. The land to which an easement is attached is called the dominant tenement; the land upon which a burden or servitude is laid is called the servient tenement. En. March 21, 1872.

§ 804. By whom grantable. A servitude can be created only by one who has a vested estate in the servient tenement. En. March 21, 1872.

§ 805. By whom held. A servitude thereon cannot be held by the owner of the servient tenement. En. March 21, 1872.

Cal.Rep.Cit. 110, 585.

Servitude, extinguished by merger of estates: See post, sec. 811.

§ 806. Extent of servitudes. The extent of a servitude is determined by the terms of the grant, or the nature of the enjoyment by which it was acquired. En. March 21,

Cal.Rep.Cit. 65, 48; 81, 125; 92, 141; 108, 596.

§ 807. Apportioning easements. In case of partition of the dominant tenement, the burden must be apportioned according to the division of the dominant tenement, but not in such a way as to increase the burden upon the servient tenement. En. March 21, 1872.

§ 808. Rights of owner of future estate. The owner of a future estate in a dominant tenement may use easements attached thereto for the purpose of viewing waste, demanding rent, or removing an obstruction to the enjoyment of such easements, although such tenement is occupied by a tenant. En. March 21, 1872.

§ 809. Actions by owner and occupant of dominant tenement. The owner of any estate in a dominant tenement, or the occupant of such tenement, may maintain an action for the enforcement of an easement attached thereto. En. March 21, 1872.

§ 810. Actions by owner of servient tenement. 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. En. March 21, 1872. Cal.Rep.Cit. 69, 221.

§ 811.

How extinguished. A servitude is extinguished: 1. By the vesting of the right to the servitude and the right to the servient tenement in the same person;

2. By the destruction of the servient tenement;

3. By the performance of any act upon either tenement, by the owner of the servitude, or with his assent, which is incompatible with its nature or exercise; or,

4. When the servitude was acquired by enjoyment, by disuse thereof by the owner of the servitude for the period prescribed for acquiring title by enjoyment. En. March 21, 1872.

Cal Rep.Cit. 69, 292; 69, 294; 110, 585; 125, 425. Subd. 4— 93, 213; 110, 126.

Extinguishment of servitude.-Subd. 1. Vesting of right to servitude and right to servient tenement in same person: See sec. 805, ante.

Civ. Code-11

TITLE III.

RIGHTS AND OBLIGATIONS OF OWNERS.

Chapter I. Rights of Owners, §§ 818-834.

RIGHTS OF OWNERS.

Article I. Incidents of Ownership, §§ 818-827.

II.

Boundaries, §§ 829-834.

821. Rights of grantees of rents and reversions. Assigns of lessee, remedies against.

822.

Rights of lessees and their assignees, etc.
Remedy on leases for life.

823.

824.

825.

Rent dependent on life.

827.

§ 818.

Terms of lease may be changed by notice.

Rights of tenant for life. The owner of a life estate may use the land in the same manner as the owner of a fee simple, except that he must do no act to the injury of the inheritance. En. March 21, 1872.

Duties of tenants for life: See sec. 840, post.

§ 819. Rights of tenant for years, etc. A tenant for years or at will, unless he is a wrongdoer by holding over, may occupy the buildings, take the annual products of the soil, work mines and quarries open at the commencement of his tenancy. En. March 21, 1872.

Cal.Rep.Cit. 101, 428; 115, 625.

§ 820. Same. A tenant for years or at will has no other rights to the property than such as are given to him by the agreement or instrument by which his tenancy is ac quired, or by the last section. En. March 21, 1872.

Cal.Rep.Cit. 86, 339.

§ 821. Rights of grantees of rents and reversions. A person to whom any real property is transferred or devised, upon which rent has been reserved, or to whom any such rent is transferred, is entitled to the same remedies for recovery of rent, for nonperformance of any of the terms of the lease, or for any waste or cause of forfeiture, as his grantor or devisor might have had. En. March 21, 1872.

Cal.Rep.Cit. 79, 443.

Grants of rent are not binding upon the tenant until he has notice thereof: Sec. 1111, post.

Hiring of real property generally: See secs. 1941 et seq. § 822. Assigns of lessee, remedies against. Whatever remedies the lessor of any real property [has] against his immediate lessee for the breach of any agreement in the lease, or for recovery of the possession, he has against the assignees of the lessee, for any cause of action accruing while they are such assignees, except where the assignment is made by way of security for a loan, and is not accompanied by possession of the premises. En. March 21, 1872. Am'd. 1873-4, 219.

Cal.Rep.Cit. 63, 370.

Rights of lessees

§ 823. and their assignees, etc. Whatever remedies the lessee of any real property may have against his immediate lessor, for the breach of any agreement in the lease, he may have against the assigns of the lessor, and the assigns of the lessee may have against the lessor and his assigns, except upon covenants against incumbrances or relating to the title or possession of the premises. En. March 21, 1872.

Cal.Rep.Cit. 66, 421.

$824. Remedy on leases for life. Rent due upon a lease for life may be recovered in the same manner as upon a lease for years. En. March 21, 1872.

$825. Rent dependent on life. the life of a person may be recovered fore his death. En. March 21, 1872.

Rent dependent on after as well as be

§ 826. Remedy of reversioners, etc. A person having an estate in fee, in remainder or reversion, may maintain an action for any injury done to the inheritance, not

withstanding an intervening estate for life or years, and although, after its commission, his estate is transferred, and he has no interest in the property at the commencement of the action. En. March 21, 1872.

Cal. Rep.Cit. 75, 121.

§ 827. Terms of lease may be changed by notice. In all leases of lands or tenements, or of any interest therein, from month to month, the landlord may, upon giving notice in writing at least fifteen days before the expiration of the month, change the terms of the lease to take effect at the expiration of the month. The notice, when served upon the tenant, shall of itself operate and be effectual to create and establish, as a part of the lease, the terms, rent, and conditions specified in the notice, if the tenant shall continue to hold the premises after the expiration of the month. En. Stats. 1873-4, 220.

Cal. Rep.Cit. 86, 439; 105, 19.

Termination of tenancy at will: See sec. 789, ante.

ARTICLE II.

BOUNDARIES.

§ 829. Rights of owner.

§ 830.

831.

832. 833.

Boundaries by water.

Boundaries by ways.

Lateral and subjacent support.

Trees whose trunks are wholly on land of one.

834. Line trees.

§ 829.

Rights of owner. The owner of land in fee has the right to the surface and to everything permanently situated beneath or above it. En. March 21, 1872.

§ 830. Boundaries by water. Except where the grant under which the land is held indicates a different intent, the owner of the upland, when it borders on tide-water, takes to ordinary high-water mark; when it borders upon a navigable lake or stream, where there is no tide, the owner takes to the edge of the lake or stream, at lowwater mark; when it borders upon any other water, the owner takes to the middle of the lake or stream. March 21, 1872. Am'd. 1873-4, 220.

Cal.Rep. Cit. 69, 127; 99, 308; 138, 425.

En.

Navigable waters boundaries.-Navigable waters enumerated: See Pol. Code, secs. 2348, 2349, 2351.