§ 816.62. — 816.62. (Added by Stats. 2015, Ch. 639, Sec. 3.)

California § 816.62.

• Jurisdiction: California
• Code CIV: Civil Code - CIV
• Div. 2.: DIVISION 2. PROPERTY
• Title: 2.
• Part 2.: TITLE 2. ESTATES IN REAL PROPERTY
• Ch. 4.5.: CHAPTER 4.5. Greenway Easements

Text

(a)
No greenway easement shall be unenforceable by reason of lack of privity of contract or lack of benefit to particular land or because not expressed in the instrument creating it as running with the land.
(b)
Actual or threatened injury to or impairment of a greenway easement or actual or threatened violation of its terms may be prohibited or restrained, or the interest intended for protection
by that easement may be enforced, by injunctive relief granted by any court of competent jurisdiction in a proceeding initiated by the grantor or by the owner of the greenway easement.
(c)
In addition to the remedy of injunctive relief, the holder of a greenway easement shall be entitled to recover money damages for any injury to the greenway easement or to the interest being protected thereby or for the violation of the terms of the greenway easement. In assessing the damages, there may be taken into account, in addition to the cost of restoration and other usual rules of the law of damages, the loss of scenic, aesthetic, or environmental value to the real property subject to the greenway easement.
(d)
The court may award to the prevailing party in any action authorized by this section the costs of litigation, including reasonable attorney’s fees.

Legislative History

Added by Stats. 2015, Ch. 639, Sec. 3. (AB 1251) Effective January 1, 2016.