What is an easement?

An easement is a legal right allowing an individual or company to use another person’s property for a specific purpose. Easements are commonly used in residential real estate law in California, primarily for businesses or individuals to access utilities such as electricity, communication, water and sewer lines, buried pipelines, and more. Generally, an easement is not a physical piece of land but rather a legal agreement that gives the holder (easement holder) the right to use land owned by another individual or legal entity. The holder, in return, pays the landowner (servient estate holder) for the right to use the land. The most common type of easement is the right-of-way easement, which allows an individual or company access to a property. This type of easement gives the holder the right to use the land in a certain way, such as to access a driveway, a utility line, or a path to a specific location. Other types of easements in residential real estate law include an easement in gross, a prescriptive easement, and an easement by necessity. An easement in gross is a personal easement that grants access to a private individual or company rather than to a public road or utility line. A prescriptive easement is created when the holder of an easement has used the land for a certain period of time as though they owned it. Finally, an easement by necessity is created when it is necessary for a landowner to use another individual’s property for access to basic utilities and services.

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