:
Comparison of Civil Code Section 4505 as originally enacted
to Old CID Section 1361

Section 4505 - Access and Support Rights

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.

Unless the declaration otherwise provides:


Section 1361 - Right of Ingress, Egress and Support in Common Areas

(a)    In a community apartment project and condominium project, and in those planned developments with common areas 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 areas.  The common areas are subject to these rights.

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


Changes

4505. §1361  Unless the declaration otherwise provides:

(a)    In a community apartment project and condominium project, and in those planned developments with common areas 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 areas.  The common areas arearea is subject to these rights.

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