What Is An Easement? How To Protect Your Property
An Easement is an incorporeal right granted to a person or entity to use real estate owned by another party.
It is in the best interest of owners to protect their land and property from unauthorized or unpermitted use. Easements legally grant limited rights to use the property. Easements are non-possessory; they differ from leases and licenses as easements do not permit third parties to occupy or profit from the property in question.
Requirements to Obtain & Prove An Easement In California
Each state across the United States has specific laws in regards to the requirements of a valid easement.
An easement may be established either in a written agreement or contract, or obtained without a prior written agreement or document through evidence of continuous use over a certain period of time. A prescriptive easement may be granted without an existing contract or agreement, but acquired through the overt or notorious use of a property without the owner’s permission over a period of time by state law. For example, a person who does not have access to a public road unless they pass through their neighbor’s property may obtain a prescriptive easement once they have openly and continuously done so without their neighbor telling them to stop for the number of years specified as the time limit by state law. An easement may also be granted by necessity if there is no reasonable way for an owner to access their own property without using a part of someone else’s property. This situation deals with landlocked properties.
A written or express easement must specify its location and boundaries, as well as its purpose, which must be lawful and reasonable while also not excessive. There are It is always important to review the prior and current proposed deeds to your real property, discuss with a title company and secure title insurance before purchasing real property. In some circumstances property owners can file an action to require other owners to share the costs of maintaining the easement.
An easement appurtenant benefits the owner of adjoining property, granting access or right-of-way to something like a shortcut to a public park or road. An easement appurtenant runs with the land and is attached to the sale of a property. The servient tenement grants the right to use the property to the dominant tenement, which benefits from the right to use the servient land to the extent of the easement.
An easement in gross does not benefit the property or land; this is also known as a utility easement. A utility easement is an agreement granted to a utility company in the property deed or by the municipality.
“Right To Pass By Permission” Signs in California
To prevent someone from being granted the right to use your property without your consent, owners of commercial or residential property may post a sign on their property that states “right sign to pass by permission”. This sign states that the right to pass through your property is by your permission and protects your property from prescriptive easement. However, these signs are only enforceable if they comply with the specific state laws and regulations for signs pertaining to easement.
In California, a property owner must have a valid easement to legally grant someone the right to use their property, place “right to pass by permission” signs, and enforce conditions and boundaries.
Any sign regarding an easement must be visible and easily readable, while also complying with local zoning laws regarding the size, location, words, and symbols of the sign. It is best to consult with a lawyer to ensure that “right to pass by permission” signs pertaining to your property are legally compliant and therefore valid and enforceable to protect against an easement.
Other types of easements may be established with or without a contract or deed, which requirements vary by state law and would be best understood through consultation with a business or real estate attorney.
If you have any questions regarding easements on residential or commercial property, call San Diego Real Estate Lawyer Christopher Villasenor to help you with next steps.
Call Us Today: 619-375-2956
Email Us: chris@sdlawfirm.net
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