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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
An easement in California can be granted to anyone: an individual, a neighboring landowner, a utility company, a government agency or a private company. Any of these parties could be liable for your damages after an accident on an easement.
An easement may be created in a number of ways. One is by express grant . In this case there may be a Deed of Grant that states the terms of the easement, or the grant may take the form of a clause in a conveyance deed or a transfer deed. An easement may be created of necessity.
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.
(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) The owner of any easement in the nature of a private right-of-way, or of any land to which any such easement is attached, shall maintain it in repair.
Once an easement has been recognized, you cannot interfere with it. For instance, you can't suddenly erect a barrier on a road to the public street that runs through your property. You also cannot block a utility company from accessing your property for maintenance or updates.
Generally, the owner of any easement has a duty to maintain the easement. If the easement is owned by more than one person, or is attached parcels of land under different ownership, each owner must share in the cost of maintaining the easement pursuant to their agreement.
The City of Oakland has a similar noise ordinance that prohibits excessive and annoying noise between p.m. and a.m. OAKLAND, CAL., MUN. CODE §§ 8.18.
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).