California Surveyors Forums

Does anyone have any good reading material for the theory of cessation of an easement by negation of it's original purpose?

... This method of extinguishments is confined to easements that are created by necessity. If an easement is created by necessity and the necessity ends, for whatever reason, then the easement ends along with the necessity.

And is this idea simply common law? Or supported by court cases?

Here's an 1872 statute which addresses this issue (subsection 4)

Here's one of the first California cases concerning CC 811 and a list of California cases that cite it...

Miller & Lux Inc. v. J. G. James Co. 178 P. 716 (Cal. 1919)
Miller v. Johnston 270 Cal.App.2d 289 (Cal. Ct. App. 1969)
Hudson v. West 306 P.2d 807 (Cal. 1957) Cited 9 times
Rancho Santa Margarita v. Vail 11 Cal.2d 501 (Cal. 1938)
Corona Foothill Lemon Co. v. Lillibridge 8 Cal.2d 522 (Cal. 1937)
Cowell v. Armstrong 290 P. 1036 (Cal. 1930)
Omnes v. Crawford 262 P. 722 (Cal. 1927)
Scott v. Henry 239 P. 314 (Cal. 1925)
Filippini v. Hewlett 121 P. 376 (Cal. 1912)
City of Santa Maria v. Adam 211 Cal.App.4th 266 (Cal. Ct. App. 2013)
City of Santa Maria v. Adam (Cal. Ct. App. Dec. 21, 2012)
City of Santa Maria v. Adam 211 Cal.App.4th 266 (Cal. Ct. App. 2012)
de la Cuesta v. Bazzi 47 Cal.App.2d 661 (Cal. Ct. App. 1941)
Bigelow v. Merz 57 Cal.App. 613 (Cal. Ct. App. 1922)
Frazee v. Railroad Commission 201 P. 921 (Cal. 1921)
Copeland v. Fairview Land Etc. Co. 131 P. 119 (Cal. 1913)
In Copeland v. Fairview Land etc. Co., 165 Cal. 148 [ 131 P. 119]

Thank you both. I will take a look.