Different Types of Easements in California

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.

Terminating an Easement in California

In California, various circumstances can lead to the termination of an easement, depending on its type and how the parties have used or managed it over time. Factors such as expiration of a set term, abandonment, misuse, or a written release from the easement holder can all bring an easement to an end.

1. Expiration of term or accomplishment of purpose. An easement terminates when the parties establish it for a specific term and that term expires. Once the agreed-upon time period ends, the easement holder no longer has any legal right to use the property under the original agreement.

2. Merger. If the dominant and burdened parcels become the property of the same person, the easement generally terminates.

3. Written abandonment. The holder of an easement may waive his or her right by signing a written waiver. To ensure enforceability, the property owner must usually record the waiver in the official land records maintained by the county recorder’s office. This step creates a public record of the waiver and provides notice to any future buyers, lenders, or interested parties.

4. Termination. An easement terminates when the owner takes clear actions that demonstrate an intent to abandon its use. Mere non-use does not qualify; the owner must engage in conduct that shows a decisive and purposeful relinquishment of the easement rights.

5. Abuse or Excess of Rights. If one party abuses the easement, the court can step in to either modify its terms or terminate it entirely. The court takes such action when the easement holder exceeds the scope of their legal rights or uses the easement in a way that unfairly burdens the property owner.

Disputes and Proceedings to Establish Title

If a dispute arises over the existence or scope of an easement, the parties may file a quiet title action. This action allows the court to formally determine the parties’ rights to the property. This includes the existence, absence, or termination of an easement.

Easement Legal Assistance

The proper creation, protection, and termination of easements requires knowledge of California real estate law. Mistakes in these matters can result in loss of property and costly litigation. If you have questions regarding easements, contact KAASS LAW. Call us at 844-522-7752 for a free consultation.