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Easements recognized in California

On Behalf of | Mar 31, 2021 | Uncategorized

“Easement” is the term used to describe the right of another’s property for a designated purpose. California law states that an easement can be established by four methods: express grant, implication, necessity, and prescription.

Easement by express grant

This type of real estate easement occurs when the servient estate owner gives the easement to the dominant estate owner. This is advantageous for the dominant estate owner. The easement can be created with a contract, deed, or written document.

Easement by Implication

This easement is created was a tract of land is segmented into at least two parcels. For instance, if a single parcel is divided into two parts and part A has an access road and part B does not, part B can also utilize the access road by going to part A with an easement by implication.

Easement by Necessity

A real estate easement by necessary is much like an easement by implication. The only difference between the two is that an easement of necessity is only created if there are no other ways to access the property, i.e. a parcel that is landlocked.

Easement by Prescription

According to California law, an easement by prescription is necessary if the person has used the easement for a consistent five-year period. The claimant would have used the easement in an adverse manner, but if the land owner has granted access to the land, the courts will not recognize an eastment by prescription.

Working with a qualified real estate attorney will give you a better understanding of easements and how to protect yourself when purchasing a property.