Easements in california

What is an Easement?

 An easement is defined as a right that allows you to use another person’s property for a specific purpose. Keep in mind even if you have a legal interest in an easement you do not own the property. Easements are typically written into the property deed but are not always in writing. The most common easement is an easement that allows a person the right to cross or access a road across another person’s property. Other examples of common easements include utility lines such as phone, gas, and power lines. There are several types of easements in California including express easements, implied, easements, easements by necessity, and prescriptive easements.

Express Easement  

An express easement is the most common type of easement that an individual or entity can obtain. An express easement can be created through either grant or reservation. The granting of an easement is the affirmative creation of an easement for the benefit of another. The reservation of an easement results when the land is conveyed with an easement reserved, usually in favor of the grantor.

 Implied Easement

An implied easement is one that is not written however created by the circumstances of land. A party seeking to establish an implied easement must show that the easement is at least reasonably necessary to the enjoyment of the property, the property must be divided so that the owner of a parcel is either selling part and retaining part or the property, or subdividing the property and selling pieces to different owners, and the use of which the implied easement is claimed must have exist prior to the severance or sale.  

 Prescriptive Easement

A prescriptive easement is a type of easement that is granted when one person continues to use a portion of another person’s property for a specific period of time. Even if the use of land wasn’t permitted by the owner, a prescriptive easement may still be granted.

 Easement by Necessity:

An easement by necessity is an easement that occurs when the use of land is absolutely necessary. An example of an easement by necessity is if someone’s property is landlocked, they may need to use a portion of another property to gain access to roads.

 Solar Easements

Solar easements are fairly new and are created in California by statute. The California legislature provided that a “solar easement” is “the right of receiving sunlight across real property for a solar energy system.” (Cal. Civil Code § 801.5) Other codes permit the inclusion of solar easements in subdivision plans and restrict vegetation from shading solar collectors.   

Easements can be necessary in many real property situations to allow for the use and enjoyment of land. If you are involved in a dispute regarding an easement or have questions about whether you are entitled to an easement contact Bennett & Demera LLP at (559) 981-2588 or hello@bennettdemera.com.