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The codes of California as amended and in force at the close of the thirty-eighth session of the Legislature, 1909 (Volume 2 Civil Code) online

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of the owner for life, are entitled to take by virtue of the
remainder so limited to them, and not as mere successors of
the owner for life.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 3 pars, annotation.

70 C. 553, 559 (erroneously cited for § 709 C. C. P.); 104 C. 298,
299, 301, 302, 37 P. 1049 (construed and applied); 128 C. 1, 9,
60 P. 471 (referred to).

§780. CONSTRUCTION OF CERTAIN REMAINDERS.

When a remainder on an estate for life or for years is not
limited on a contingency defeating or avoiding such prece-
dent estate, it is to be deemed intended to take effect only
on the death of the first taker; or the expiration, by lapse of
time, of such term of years.

History: Enacted March 21, 1872.

128 C. 1, 9, 60 P. 471 (referred to).

519



§ 781 CIVIL CODE. [Div.II.Pt.II.

§ 781. EFFECT OF POWER OF APPOFNTMENT. A gen-
eral or special power of appointment does not prevent the
vesting of a future estate limited to take effect in case such
power is not executed.

HiHtory: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 2 pars, annotation.

128 Or 1, 9, 60 P. 471 (referred to); 132 C. 523, 558, 84 A. S. 70,
60 P. 442, 64 P. 1000 (construed); 147 C. 95, 102, 81 P. 315 (this
section seemed to contemplate validity of provisions of will in
case at bar, but question was not definitely determined).



520



Tit.II.Ch.II.] TERMINATING TENANCY. § 739

CHAPTER II.

TERMINATION OF ESTATES.

§ 789. Tenancy at will may be terminated by notice.

§ 790. Effect of notice.

§ 791. Re-entry, when and how to be made.

§ 792. Summary proceedings in certain cases provided for.

§ 793. Notice not necessary before action.

§789. TENANCY AT WILL MAY BE TERMINATED BY
NOTICE. A tenancy or other estate at will, however created,
may be terminated by the landlord's giving notice in writing
to the tenant, in the manner prescribed by section eleven
hundred and sixty-two of the Code of Civil Procedure, to
remove from the premises within a period of not less than
one month, to be specified in the notice.

HLstory: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 18 pars, annotation.

56 C. 128, 129 (applied); 66 C. 446. 447, 6 P. 84 (applied); 67 C.
471, 8 P. 39, 69 (referred to); 33 P. 447, 448 (applied in action
to recover possession); 101 C. 425, 428, 35 P. 1021 (applied);
105 C. 15, 19, 38 P. 510 (applied); 113 C. 15, 19, 45 P. 14 (applied);
113 C. 532, 540, 45 P. 816 (held not applicable); 140 C. 164 167
73 P. 818 (applied).

TERMINATING TENANCY.

Appeal in summary proceedings. — See 9 L. 801.

Constructive ejection resulting from positive overt act of
landlord. — See 7 A. C. 593.

Damages recoverable by tenant in action for wrongful evic-
tion. — See 6 A. C. 460.

Death of lessor or lessee, effect of. — See 23 L. 707.

Demand before commencing action. — See Kerr's Cyc. C. C.
§ 791 and note.

Designation of time of termination of tenancy at will in
notice to quit. — See 4 A. C. 628.

Emblements, right of tenant to. — See Kerr's Cyc. C. C. § 819
and note.

First and last days in computing time. — See 49 L. 210; 49 1^,
239.

Liability for wrongful ejection of tenant. — See 16 L. 798.

521



§§ 790-792 CIVIL CODE. [Div.II,Pt.II.

Same — For evicting sick tenant, lodger or other occupant. —
See 55 L. 258.

Notice to quit, ejection to tenant. — See 8 L. 221.

Stipulation that vendee or mortgagee shall on default become
a tenant, as affecting right to recover possession of premises. —
See 49 L. 438.

Sufficiency of service of notice to quit by landlord. — See 8
A. C. 1144.

Summary proceedings to oust tenants — Notice in. — See 9
L. 798.

§ 790. EFFECT OF NOTICE. After such notice has been
served, and the period specified by such notice has expired,
but not before, the landlord may re-enter, or proceed accord-
ing to law to recover possession.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 3 pars, annotation.

66 C. 446, 447, 6 P. 84 (referred to); 140 C. 164, 167, 73 P. 818
(applied).

Effect of notice — Tenant holds over. — See Kerr's Cyc. C. C.
§ 789 and note par. 5.

Unlawful detainer — When commences. — See Kerr's Cyc. C. C.
§ 789 and note par. 16.

§ 791. RE-ENTRY, WHEN AND HOW TO BE MADE. When-
ever the right of re-entry is given to a grantor or lessor in
any grant or lease, or otherwise, such re-entry may be made
at any time after the right has accrued, upon three days'
notice, as provided in sections eleven hundred and sixty-one
and eleven hundred and sixty-two. Code of Civil Procedure.
History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 6 pars, annotation.

56 C. 128, 129, 130 (applied); 63 C. 51, 52 (applied); 66 C.
446, 447, 6 P. 84 (referred to); 138 C. 76, 79, 70 P. 1073 (construed
and applied).

Re-entry on forfeiture — Erection of remedies. — See 8 L. 759.

§792. SUMMARY PROCEEDINGS IN CERTAIN CASES
PROVIDED FOR. Summary proceedings for obtaining pos-
session of real property forcibly entered, or forcibly and
unlawfully detained, are provided for in sections eleven hun-

522



Tit.II,ch.II.] NOTICE TO QUIT NECESSARY. § 793

dred and fifty-nine to eleven hundred and seventy-five, both
inclusive, of the Code of Civil Procedure.

History: Enacted March 21, 1872.

§ 793. NOTICE KOT NECESSARY BEFORE ACTION. An

action for the possession of real property leased or granted,
with a right of re-entry, may be maintained at any time, after
the right to re-enter has accrued, without the notice pre-
sci-ibed in section seven hundred and ninety-one.

HLstory: Enacted March 21, 1872; amended by Code Com-
mission, Act March 16, 1901, Stats, and Amdts. 1900-1, p. 392,
held unconstitutional, see history, § 4 ante: amendment re-
enacted March 21, 1905, Stats, and Amdts. 1905, p. 599.

See Kerr's Cyc. C. C. for 6 pars, annotation.

11 P. 246, 247 (applied); 98 C. 422, 425, 33 P. 729, 730 (applied)..



523



§ 801 CIVIL CODE. [Div.II.Pt.II.

CHAPTER III.

SERVITUDES.

§ 801. Servitudes attached to land.

§ 802. Servitudes not attached to land.

§ 803. Designation of estates.

§ 804. By vv'liom grantable.

§ 805. By whom held.

§ 806. Extent of servitudes.

§ 807. Apportioning easements.

§ 808. Rights of owner of future estate.

§ 809. Actions by owner and occupant of dominant tenement.

§ 810. Actions by owner of servient tenement.

§ 811. How extinguished.

§ 801. SERVITUDES ATTACHED TO LAND. The follow-
ing land burdens, or servitudes upon land, may be attached
to other land as incidents or appurtenances, and are then
called easements:

1. The right of pasture;

2. The right of fishing;

3. The right of taking game;

4. The right of way;

5. The right of taking water, wood, minerals, and other
things;

6. The right of transacting business upon land;

7. The right of conducting lawful sports upon land;

8. The right of receiving air, light, or heat from or over, or
discharging the same upon or over land;

9. The right of receiving water from or discharging the
same upon land;

10. The right of flooding land;

11. The right of having water flow without diminution or
disturbance of any kind;

12. The right of using a wall as a party-wall;

13. The right of receiving more than natural support from
adjacent land or things affixed thereto;

14. The right of having the whole of a division fence main-
tained by a coterminous owner;

524



II



Tit.II,cll.III.] SERVITUDES. § 801

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

16. The right of a seat in church;

17. The right of burial.

History: Enacted March 21, 1872; amended by Code Com-
mission, Act March 16, 1901, Stats, and Amdts. 1900-1, p. 392,
held unconstitutional, see history, § 4 ante.

See Kerr's Cyc. C. C. for 74 pars, annotation.

56 C. 11, 13 (applied); 69 C. 217, 221, 58 A. R. 558, 10 P. 409,
411 (right in and of receiving water passes by deed when);
69 C. 255, 293, 10 P. 674, 693 (construed and applied); 22 P.
216, 217 (subds. 9 and 11 applied); 83 C. 515, 517, 518, 23 P. 795,
796, 8 L. 575 (construed and applied); 90 C. 279, 286, 27 P. 216,
219 (what contract will create servitude or easement in ditch
property); 91 C. 74, 84, 27 P. 539, 542 (construed and applied);
120 C. 488, 490, 493, 52 P. 843, 40 L. 476 (construed and applied);
132 C. 234, 236, 64 P. 287 (referred to); 136 C. 36, 48, 50, 68 P.
308 (construed and applied); 146 C. 435, 440, 80 P. 623 (ease-
ment of right to receive water or to discharge it upon another's
land); 148 C. 313, 321, 83 P. 54, 5 L. N. S. 174, 7 A. C. 511 (subds.
4 and 6 applied — right of electric light company to lay pipes,
etc., in streets of city); 152 C. 596, 597, 93 P. 498, 499 (right to
receive water, wlien appurtenant to land); 4 C. A. 18, 24 (subds.
4 and 9 applied, but section erroneously cited as §811); 87 P.
213 (same error).

SERVITUDES.

Acquisition of. — See 10 Encyc. L. 409-427.

Additional, in streets and highwaj'S. — See 106 A. S. 232.

Adverse possession, acquisition of. by. — See 11 A. D. 663.

Ancient lights. — See 46 A. D. 583.

By necessity, when exist. — See 36 A. R. 415.

Cotenant's power to create. — See 21 A. S. 593.

Continuance of on the severance of a heritage. — See 57 A.
D. 759.

Definition of. — See 10 Encyc. L. 398; 25 Encyc. L. 481; 7 W. &
P. 6434; 7 W. & P. 6435.

"Easement" used interchangeably with. — See 25 Encyc. L. 482.

Easement and servitude distinguished. — See 25 Encyc. L. 482,
note.

Essential qualities of. — See 10 Encyc. L. 1099.

Extinguishment of — By merger or release. — See 10 Encyc. L.
432, 433.

Grant of by implication. — See 23 A. R. 446.

Implied grant of by severance and sale of property. — See 34
A. S. 708.

525



§ 802 CIVIL CODE. [Div.II,Pt.II.

In gross. — See 7 W. & P. 6435.

Kinds of. — See 10 Encyc. L. 403.

Lateral support — Presumption of grant of right of. — See 29
A. R. 399.

Same — Right to. — See 33 A. S. 446.

Limitations, statute of, extinguishment of by. — See 14 A. S.
278.

Of drain. — See 7 W. & P. 6435.

Of drip.— See 7 W. & P. 6435.

Of ligbt— See 7 W. & P. 6435.

Of light and air. — See 7 A. D. 49; 32 A. D. 412.

Same — From public streets. — See 41 A. S. 323.

Of view. — See 7 W. & P. 6435.

Riglits and liabilities of parties under. — See 10 Encyc. I^. 428-
430.

Rights in nature of easements distinguished. — See 10 Encyc. L.
406.

To receive the flow of water. — See 32 A. D. 123.

Ways, and the rights and remedies of the parties entitled
thereto.— See 88 A. D. 279; 100 A. D. 115; 50 A. R. 64.

Ways of necessity. — See 13 A. D. 746; 35 A. D. 464; 85 A. D. 675.

Ways, private, rights and obligations of parties to. — See 95
A. S. 318.

When pass by implication in conveyances. — See 40 A. R. 537.

When revocable. — See 43 A. R. 195.

§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.

HLstory: Enacted March 21, 1872; amended March 30, 1874,
Code Amdts. 1873-4, p. 219.

See Kerr's Cyc. C. C. for 11 pars, annotation.

65 C. 46. 48, 2 P. 880, 881 (applied); 69 C. 255. 323. 10 P. 674
(cited); 91 C. 74, 84, 27 P. 539. 542 (cited); 99 C. 210. 212. 33 P.
885, 886 (applied); 109 C. 29, 37. 41 P. 1024 (applied); 110 C. 582,
585, 42 P. 1091 (construed); 148 C. 313, 322. 83 P. 54, 5 L. N. S.
174, 7 A. C. 511 (subds. 4 and 6 applied — right of electric light
company to use of streets for transmission of illumlnants).

526



Tit.II.ch.III.] GRANTING, ETC., EXTENT OF. §§ 803-806

§803. DESIGNATIOIV 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.

Hi-story: Enacted March 21, 1872.

65 C. 46, 48, 2 P. 880, 881 (referred to); 117 C. 604, 616, 49 P.
736 (right of way is not involved in franchise to street railway
corporation wlien).

§ 804. BY WHOM GKANTABLE. A servitude can be cre-
ated only by one who has a vested estate in the servient tene-
ment.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 2 pars, annotation.
65 C. 46, 48, 2 P. 880, 881 (referred to).

§805. BY WHOM HELD. A servitude thereon cannot be
held by the owner of the servient tenement.

HLstory: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 2 pars, annotation.

65 C. 46, 48, 2 P. 880, 881 (referred to); 110 C. 582, 585, 42 P.
1091 (applied).

Extinguishing-, how. — See 1 L. 214, brief 10 L. 569.

§ 806. EXTENT OF SERVITUDES. The extent of a servi-
tude is determined by the terms of the grant, or the nature of
the enjoyment by which it was acquired.

HLstory: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 9 pars, annotation.

65 C. 46, 48, 2 P. 880, 881 (cited); 81 C. 122, 125, 22 P. 393
(cited); 92 C. 138, 141, 142, 28 P. 215, 216, 15 L. 93 (construed and
applied); 108 C. 589, 596, 41 P. 448 (referred to); 146 C. 203, 211,
79 P. 880 (applied to water rights); 148 C. 723, 725, 113 A. S. 349,
84 P. 191, 5 L. N. S. 851, 7 A. C. 851 (if easement or servitude is
acquired by grant, its terms must determine extent); 148 C.
759, 766, 84 P. 162 (applied to water rights); 151 C. 403, 406, 90
P. 1052 (oral grant of right of way, having become fixed and
complete, does not include right to make changes); 151 C. 425,
429, 90 P. 1053 (servitude cannot be enlarged when, without con-
sent of parties); 4 C. A. 18, 25, 87 P. 213 (applied to water ditch).

527



§§ 807-810 CIVIL CODE. [Div.II,Pt.II.

§807. APPORTIONING EASEMENTS. In case of parti-
tion 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.

History: Enacted March 21, 1S72.
See Kerr's Cyc. C. C. for 2 pars, annotation.

§ 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.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 11 pars, annotation,

§ 809. ACTIONS BY OWNER AND OCCUPANT OF DOMI-
NANT 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.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 7 pars, annotation.
146 C. 203, 211. 79 P. 880 (cited — covenant concerning (low of
water construed).

§ 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 unlaw-
fully possessed thereof, though a servitude exists thereon in
favor of the public.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 3 pars, annotation.
G9 C. 217, 221, 58 A. R. 558, 10 P. 409 (referred to).
Trespass upon servient tenement cannot be committed by
owner of easement. — See Kerr's Cyc. C. C. § 808 and note par. 9.

528



Titll.ch.III.] EXTINGUISHMENT. § gll

§811. HOW EXTINGUISHED. A servitude is extin-
guished:

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 incom-
patible with its nature or exercise; or,

4. When the servitude was acquired by enjoyment, by dis-
use thereof by the owner of the servitude for the period pre-
scribed for acquiring title by enjoyment.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 15 pars, annotation.

69 C. 255, 292, 294, 10 P. 674, 692 (applied); 81 C. 122, 125 (con-,
strued with §§ 2619, 2621 Pol. C, but erroneously cited as § 811
Pol. C.) 22 P. 393, 394 (correct citation); 93 C. 206, 213, 28 P.
944, 945 (construed and applied); 110 C. 122, 126, 42 P. 453 (con-
strued and applied); 110 C. 582, 585, 42 P. 1091 (applied); 125 C.
420, 425, 58 P. 69 (construed and applied); 146 C. 640, 644, 80 P.
1078 (subd. 4 applied — right to use of road not lost by disuse); 4
C. A. 18, 24 (erroneously cited for § 801), 87 P. 213 (same error).

Owner of servient tenement cannot hold servitude. — ^See ante.
§805.

Same — As to servitudes generally. — See note § 801, ante.



529



§ 818 CIVIL CODE. [Div.II.Pt.II.

TITLE III.

RIGHTS AND OBLIGATIONS OF OWNERS.

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

II. Obligations of Owners, §§ 840-843.

CHAPTER I.

RIGHTS OF OWNERS.

Article I. Incidents of Ownership, §§ 818-827.
IL Boundaries, §§ 829-834.

ARTICLE I.

INCIDENTS OF OWNERSHIP.

§ 818. Rights of tenant for life.

§ 819. Rights of tenant for years, etc.

. § 820. Same.

§ 821. Rights of grantees of rents and reversion.

§ 822. Assignee of lessee, remedies of lessor against.

§ 823. Rights of lessees and their assignees, etc.

§ 824. Remedy on leases for life.

§ 825. Rent dependent on life.

§ 826. Remedy of reversioners, etc.

§ 827. Leases, change of terms. [Notice.]

§ 818. BIGHTS OF TENANT FOE 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.

Hiiiitory: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 14 pars, annotation.

Procedure to have life estate declared terminated by death. —
See Kerr's Cyc. C. C. P. § 1723 and note.

Treble damages recoverable for. — See Kerr's Cyc. C. C. P.
§ 732 and note.

530



Tit.III,ch.I,art.I.] TENANT FOR TEARS. §§ 819-821

§ 819. RIGHTS OF TENANT FOR YEARS, ETC. A tenant
for years or at will, unless he is a wrong-doer 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.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 4 pars, annotation.

101 C. 425, 428, 35 P. 1021 (referred to): 115 C. 622, 625, 47 P.
597 (construed and applied); 150 C. 39, 41, 87 P. 1097 (lease of
going mine or qviarry is exception to general doctrine applicable
to rights of tenant for years); 5 C. A. 603, 613, 91 P. 117, 121
(right of tenants for years to graze stock upon land).

Life tenants — Rights of. — See Kerr's Cyc. C. C. § 818 and note.

Waste — Treble damages recoverable for. — See Kerr's Cyc. C.
C. P. § 732 and note.



§ 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 acquired,
or by the last section.

Hi-story: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 3 pars, annotation.
86 C. 335, 339, 24 P. 993, 994 (applied).

As to removal of buildings. — See Kerr's Cyc. C. C. § 660, note
pars. 65-79.

§ 821. RIGHTS OF GRANTEES OF RENTS AND REVER-
SION. 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 non-performance of any of the terms
of the lease, or for any waste or cause of forfeiture, as his
grantor or devisor might have had.

Hi.story: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 10 pars, annotation.

79 C. 442, 443, 21 P. 861, 862 (applied); 2 C. A. 470, 475, 84 P. 317
(construed with §§ 1452, 1663, 1664 C. C. P. — rights and powers
of testamentary trustee who is a devisee); 5 C. A. 475, 481, 90

531



§§ 822-825 CIVIL CODE. [Div.II.Ptll.

P. 962, 965 (section is applicable when, though landlord has
not directly conveyed).

Notice to tenant of grant of rent, etc., necessary. — See Kerr's
Cyc. C. C. § 1111 and note.

§822. ASSIGNEE OF LESSEE, REMEDIES OF LESSOR
AGAINST. Whatever remedies the lessor of any real prop-
erty has against his immediate lessee for the breach of any
agreeiaent 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.

Hi-story: Enacted March 21, 1872; amended March 30, 1874,
Code Amdts. 1873-4, p. 220; amended by Code Commission, Act
March 16, 1901, Stats, and Amdts. 1900-1, p. 393, held uncon-
stitutional, see history, § 4 ante; amendment re-enacted March
21, 1905, Stats, and Amdts. 1905, p. 599.

See Kerr's Cyc. C. C. for 3 pars, annotation.
63 C. 369, 370 (applied); 144 C. 155, 160, 77 P. 889 (applied to
trustee in bankruptcy, who succeeded to interest of lessee).

§823. RIGHTS OF LESSEES 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 encum-
brances or relating to the title or possession of the premises.
History: Enacted March 21, 1872.
66 C. 416, 421, 5 P. 910 (applied).

§ 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.

History: Enacted March 21, 1872.

§ 825. RENT DEPENDENT ON LIFE. Rent dependent on

532



Tit.III,ch.I,art.I.] REVERSIONERS— LEASE. §§ 826, 827

the life of a person maj' be recovered after as well as before
his death. ~

History: Enacted March 21, 1872.

§826. REMEDY OF RETERSIOXERS, ETC. A person
having an estate in fee, in remainder or reversion, may main-
tain 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.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 2 pars, annotation.
75 C. 117, 121, 17 P. 65, 67 (applied).

§827. LEASE, CHANGE OF TERM. [NOTICE.] In all
leases of lands or tenements, or of any interest therein, from
month to month, the landlord may, upon giving notice in writ-
ing at least thirtj'' 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.

[In effect, -when.] Sec. 2. This act shall take effect and
be in force immediately after its passage.

History: Enacted March 30, 1874, Code Amdts. 1873-4, p. 220;
amended February 26, 1907, Stats, and Amdts. 1907, p. 58, Kerr's
Stats, and Amdts. 1906-7, p. 423.

See Kerr's Cyc. C. C. for 2 pars, annotation.

86 C. 433, 439, 25 P. 7, 9 (referred to); 105 C. 15, 19, 20, 38 P. 510
(applied); 4 C. A. 272, 275, 87 P. 559, 560 (cited — terms of lease,
how chang-ed); 4 C. A. 422, 425, 88 P. 374 (section is confined, by
its terms, to leases from month to month — case at bar was not
such lease).

Presumption of notice. — See Kerr's Cyc. C. C. § 19 and note;
§ 789 and note.

533



§ g29 CIVIL, CODE. [DiV.II.Pt.II.



ARTICLE II.

BOUNDARIES.

§ 829. Rights of owner.

§ 830. Boundaries by water.

§ 831. Boundaries by ways.

§ 832. I^ateral and subjacent support.

§ 833. 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 sit-
uated beneath or above it.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 6 pars, annotation.
BOITIN DAUIES — GENERALLY.

Acquiescence in boundary line, effect of. — See 8 A. C. 81; 69 A.
D. 711; 27 A. R. 239; 4 L. 643.

Adverse possession in case of ignorance or mistake, as to. —
See 21 L. 829.

Agreement — Establishment by. — See 8 A. C. 81; 69 A. D. 711;
27 A. R. 239; 1 L. 214.

Same — Relating to, as affecting statute of frauds.— See 8



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