What is an implied easement?
An implied easement is a type of property right recognized in California law. It is a right that arises as an implication of the facts and circumstances surrounding a piece of property, rather than being expressly stated in law or in a deed. Generally, an implied easement is used to benefit both parties by allowing access to something they would not otherwise have. For example, if someone owns a parcel of land surrounded by other parcels, they may have an implied easement allowing them access to a shared public road or access to their own parcel of land via a neighbor’s property. Likewise, if a property owner needs to access a utility line installed on a neighboring property in order to properly maintain the service, an implied easement may be granted. Implied easements are an important part of property law in California, and are often used to resolve disputes between neighbors or to ensure that both parties are able to benefit from each other’s property.
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