easements & boundary law in california
TRANSCRIPT
DISCLAIMERYou agree, by participating in this webinar,
that the information presented does not constitute legal advice and is being
presented for informational purposes only. You agree that no attorney-client
relationship is established or assumed by participating in this webinar and that the information or suggestions presented in
this broad overview may not apply to your specific circumstances.
What Are Easements__________
NON-POSSESSORY INTEREST IN SOMEONE
ELSE’S PROPERTY
DEFINITIONCHARACTERISTICS
FORMATION
BASICS• Type Based on How Created• Set of Elements to Establish• Recorded By Documents• Encumbrance• Shared Use
DEFINITIONCHARACTERISTICS
FORMATION
TYPES OF EASEMENT RIGHTS
AccessUtilityLightAirViewParkingMaintenanceWater Rights
FishingRecreationSupportRetaining WallsFencesParty WallsExclusive*
DEFINITIONCHARACTERISTICS
FORMATION
What Easements ARE NOT__________
⊗OWNERSHIP
DEFINITIONCHARACTERISTICS
FORMATION
MAINTENANCE
LEGAL DESCRIPTION
SCOPE/EXTENT OF RIGHTS
RESTRICTIONS
PROTECTIONS
CHARACTERISTICS
DEFINITION
FORMATION
How Formed__________
OWNER | JUDGE• Express • Necessity
• Prescriptive• Equitable
FORMATION
DEFINITION
CHARACTERISTICS
Can An Easement Be
Obtained?FORMATION
DEFINITION
CHARACTERISTICS
• Fact-specific determination• Cooperation of property owner• If not, are easement elements met?
EXPRESS
EXPRESS
PRESCRIPTIVE
NECESSITY
EQUITABLE Specifically granting an easement to another, by
way of a written instrument that is
recorded. Found on a Preliminary Report
EXPRESS
EXPRESS
PRESCRIPTIVE
NECESSITY
EQUITABLE
Interpretation of Express Easements:
permissible use determined by intent of the parties, historical
use
NECESSITY
NECESSITY
EXPRESS
PRESCRIPTIVE
EQUITABLE
Easement necessary for the owner to gain access to his or her landlocked
property
NECESSITY
NECESSITY
EXPRESS
PRESCRIPTIVE
EQUITABLE ELEMENTS1. Two parcels 2. Previously under common
ownership3. One parcel is landlocked4. Access
PRESCRIPTIVEPRESCRIPTIVE
EXPRESS
NECESSITY
EQUITABLE
A non-owner can acquire a right to use land based on time & nature of use
PRESCRIPTIVEPRESCRIPTIVE
EXPRESS
NECESSITY
EQUITABLE ELEMENTS1. 5 years of continual use2. Open, notorious, & visible
possession3. Hostile & adverse to owner4. Under a claim of right
PRESCRIPTIVEPRESCRIPTIVE
EXPRESS
NECESSITY
EQUITABLE There is no such thing as an exclusive prescriptive
easement
Garden-variety fence disputes do not equal prescriptive easement
EQUITABLEEQUITABLE
NECESSITY
EXPRESS
PRESCRIPTIVE
Court exercises equitable jurisdiction
when grounds for other easements do not exist
EQUITABLEEQUITABLE
NECESSITY
EXPRESS
PRESCRIPTIVE
ELEMENTS1. Party used & improved easement2. Innocent belief of right to use land3. Irreparable harm if could not
continue using4. Affected owner would suffer little
harm
Outside the Scope of Permitted Use
How to Determine Scope
__________
Differences in Different Kinds of
Easements
Abandoned Easement
ELEMENTS1. Non-Use2. An Intention to
Abandon the Easement
3. Damage to the Owner of the Servient Estate from Continued Existence of Easement
Air, Light, & View Easements
Commonly Desired
__________
No Inherent Right
TITLE REPORT
Issues•Fence Disputes•Trees•Property Line•Driveways
NOT EASEMENTS
COMING SOON!CaliforniaEasements.comA new online resource about Easements in California, for helping real estate investors,
brokers, and homeowners
LAUNCHING MAY 25th
__________
