An easements grants a person or entity the right to use a part of real estate they don’t own for a specific purpose.
Types of Easement in California
There are four types of easements that can be applicable to your property, including:
- Express easements
- Implied easement by existing use
- Easement by necessity
- Prescriptive easements.
Express Easement
Express easement is created either through a reservation or a grant. In case of a granted easement, the landowner provides a person or the entity with the ability to use the land for right of way purposes. In the case of a reserved easement, one person sells the land to another but reserves an easement for their own benefit.
Implied Easement by Existing Use
Implied easements arise when land divides into two parts, and the owner used one part for the benefit of the other before the division. An implied easement doesn’t need to be in writing, unlike express easements.
Easement by Necessity
An easement by necessity occurs when use of the land is unconditionally necessary. Easement by necessity doesn’t require preexisting use of the land. If someone’s property blocks them in, they may need to use a portion of another person’s property to reach the street.
Prescriptive Easement
A prescriptive easement can be granted when one person continued to use a portion of another person’s land for a specific period of time. A court can grant a prescriptive easement even if the owner never allowed others to use their land.
Scope of the Easement
Scope of the easement refers to how the easement can be used which is determined by the type of easement.
- The scope of express easements limits to the terms of the easement.
- The scope of an implied easement limits land use to how the owner used it before creating the easement.
- An easement by necessity limits its scope by the degree of necessity.
- The scope of a prescriptive easement typically limits the land’s use to how the owner originally used it.
Real Estate Attorney
For more information regarding easements, land use, property rights, and or development laws, we invite you to contact KAASS LAW today at (310) 943-1171.