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An easement can be created by: Express grant, which means it will be written down in a legal document. Prescription, which means someone has exercised the right continuously for a period of at least 20 years.
Usually speaking, most easements are positive, which means they give you the right to do something, examples of easements include a right of way, a right to light and a right for drainage or other service media to pass over or under land. However, there can be negative easements preventing you from doing something.
An easement can only be implied where both the dominant and servient tenements have been in common ownership. An implied easement can arise on the grant of a lease, but it is limited to the actual continuance of the lease. The right claimed must be capable of forming the subject matter of an easement.
Rights exercised over a piece of land or property for the benefit of another (also known as easements) exist in a variety of forms. An easement could, for example take the form of: a right of way exercised on foot or in a vehicle. a right for drainage pipes or other service media to pass over or under land.
There are four types of easements in California: express, implied, easements by necessity, and prescriptive easements.