Laws, Regulations & Annotations

Property Taxes Law Guide – Revision 2018

Property Tax Annotations

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Annotation 220.0166

220.0166 Easement. In 1997, owners of Property (servient tenement) entered into an agreement with the city to provide an off-site parking area of at least 76 parking spaces for the tenants of Adjacent Property (dominant tenement). The agreement provided that it would run with the land; be binding on future owners, encumbrancers, successors, heirs or assignees; and would continue until released by the city. Thus, the agreement created an appurtenant easement for a minimum of 76 parking spaces for exclusive use by tenants of Adjacent Property. Because the easement is perpetual in nature, for a minimum of a fixed number of spaces, and exclusive, its value is substantially equal to the value of the fee interest. The grant of the easement satisfied all three prongs of Revenue and Taxation Code section 60, and there was a change in ownership of 76 parking spaces in 1997 when the agreement was entered into. As a result, 76 spaces of the total parking spaces on Property are a component of Adjacent Property's appraisal unit, and must be assessed to Adjacent Property. Because those 76 parking spaces are not a component of Property's appraisal unit, they did not undergo a change in ownership when Property was sold in 2007 and should not be assessed to Property's owners. C 10/22/2010.