What is necessary to establish an equitable easement?

An equitable easement is a form of non-possessory interest in real property, usually created by a court order. To establish an equitable easement in California, the party seeking to create the easement must demonstrate that each of the following criteria have been met: 1. Necessity. The party must show that the easement is necessary to access or use an otherwise landlocked parcel of property. This requires evidence that without the easement, the owner would be completely denied reasonable access or use of the property. 2. Notice. The party must demonstrate that the owner of the servient estate (property over which the easement is created) had notice of the proposed easement. This can be shown by either actual or constructive notice. 3. Reasonable use. The party must show that the easement would be used for reasonable purposes. This requires evidence that the use of the easement would not substantially harm the servient estate. Once these criteria have been established, a court may grant the equitable easement. The court may order that the easement be limited in time and scope, and may impose conditions or restrictions on its use.

Related FAQs

What are real estate taxes?
What is necessary to establish an equitable easement?
What is a deed of release?
What is the Marketable Title Act?
What is title search?
What is a quiet title action?
What is a deed of quitclaim?
What is the Statute of Limitations for filing a property lawsuit?
What is an estoppel?
What is the Interpleader Statute?

What is necessary to establish an equitable easement?

Related FAQs

Related Blog Posts