California Utility Easement (Underground Utility and Transformer)
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FAQ
Prescriptive Easement ? A prescriptive easement is produced when someone utilizes another person's property in a specific way for a lengthy period without their consent. To establish a prescriptive easement in California, the adverse use of the land must be open, notorious, and continuous for at least five years.
Execution: The Easement must be executed on behalf of both the Grantor and the Grantee, and all signatures must be acknowledged by a Notary Public. Recording: The Easement must be recorded in the Office of the County Recorder of the county in which the Land is located.
The easement does not technically need to be recorded, but an unrecorded agreement may not be ultimately enforceable in a court of law, so ensure that any written agreement is properly and legally recorded to avoid contentions in the future.
Easements shall not exceed fifty (50) feet in width unless required by special circumstances.
An easement is where a landowner gives another a limited right to use their land most often for reasonable access to things like roads, trails, parks or beaches. It is not an ownership right in the land, it is the mere right to use another's land for limited purposes.
The legal situation may not bother some people, but for others, it may. Most of the time, a property owner cannot block an easement that has already existed in the property's deed. When the property owner contests the easement's boundaries, a reputable local company in California can conduct a property survey.
There is an easement if permission has been given for a certain activity to occur. The landowner can grant the easement and record it at the county clerk's office, or the landowner can imply it without any written action required.
In California, a user of land may establish a prescriptive easement by proving that his or her use of another's land was: (1) continuous and uninterrupted for five years; (2) open and notorious; and (3) hostile. The first two requirements are relatively straightforward.
