Civil Code Ownership & Transfers

§4505

Access and Support Rights Through Common Area

Chapter 4 · Ownership and Transfer of Interests · Ownership Rights and Interests

Text current as of 2026-07-07 · Last amended by AB 805, eff. 2014-01-01

The code says CIV §4505

Unless the declaration otherwise provides:

(a) In a community apartment project and condominium project, and in those planned developments with common area owned in common by the owners of the separate interests, there are appurtenant to each separate interest nonexclusive rights of ingress, egress, and support, if necessary, through the common area. The common area is subject to these rights.

(b) In a stock cooperative, and in a planned development with common area owned by the association, there is an easement for ingress, egress, and support, if necessary, appurtenant to each separate interest. The common area is subject to these easements.

(Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)

How courts have read this

Editorial summaries — not the court’s words.

Official text · leginfo ↗