Santa Clara California Utility Easement

Name: Santa Clara California Utility Easement
Brand: US Legal Forms
Rating: 4.61 (343 reviews)

Category:

Real Estate - Easements and Rights of Way

State:

Multi-State

County:

Santa Clara

Control #:

US-EAS-28

Format:

Instant download

Description

This is a sample form for use in transactions involving easements, a Utility Easement. Allows a permanent utility easement and right of way for water facilities. An easement gives one party the right to go onto another party's property. That property may be owned by a private person, a business entity, or a group of owners. Utilities often get easements that allow them to run pipes or phone lines beneath private property. Easements may be obtained for access to another property, called "access and egress", use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. The easement is a real property interest, but separate from the legal title of the owner of the underlying land.

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An easement is a limited right to use the property of another. Common easements include driveways, private roads, and utility rights-of-way for electric, water, or communication lines. Most easements are contained indeeds; some can arise simply due to the passage of time.

An easement is a right to use land that belongs to another, as opposed to a right to possess land of another. California has long recognized easements as an important part of property law and as a way to ensure that fairness exists among landowners, particularly when a landowner possesses a landlocked parcel.

3 The circumstances for the creation of an easement by necessity in California are well known: "An easement by way of necessity arises by operation of law when it is established that (1) there is a strict necessity for the right-of-way, as when the claimant's property is landlocked and (2) the dominant and servient

As interests in real property, easement deeds are subject to the recording laws in California and are entitled to be recorded in the office of the county clerk in the county where the property is located (CIV 1169).

An express easement is expressed to be so by deed and in the case of registered land is referred to in the A Section of the Title Register for the dominant tenement (the land having the benefit of the easement) and in the C Section of the Title Register for the servient tenement (the land burdened by it).

Recording: The Easement must be recorded in the Office of the County Recorder of the county in which the Land is located. Copies: Copies of the fully executed recorded Easement should be provided to the campus real estate office and to RESS.

Public Utility Easement means any privately owned land, in which the City holds an easement for public utility uses and purposes, without regard to whether any public utility, as defined in California Public Utilities Code section 216(a), has an easement for similar public utility uses and purposes.

(1) EXPRESS GRANT OR RESERVATION. An easement may be created by express words, either of grant or reservation. Typically, an express grant of easement will be created by deed but may be created by any instrument that transfers an interest or estate in real property.

A legal easement must be registered against the dominant and servient land ("tenements"), if their titles are registered, to take effect. The benefit of legal easements pass automatically on the transfer of the dominant tenement or part of the dominant tenement.

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Or upgrading electric service in the City of Santa Clara. C. Utility Services in Unauthorized Subdivisions of Land .The site is located in the Santa Clara Valley Habitat Plan Area. Rep. Engineer and County of Santa Clara for recording. Commissioner Figueroa would fill the position as her alternate. Easement lands in the northern Adirondacks open to public recreation. PARCEL A. All that certain real property situate in the City of Palo Alto, County of Santa Clara, State. Fill in the blank form formatted to comply with all recording and content requirements. We are the City of Santa Clara's municipal electric utility.

Santa Clara California Utility Easement

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