California Easement By Estoppel

State:
California
Control #:
CA-EAS-8
Format:
Word; 
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Description

The California easement by estoppel is a legal form that grants a perpetual easement over a specified parcel of land, primarily for air navigation purposes. This easement allows the Grantee, typically an airport authority, the right to utilize the airspace above the Grantor's property for aircraft operations. Key features include the rights to clear obstructions, mark and light hazards, and require egress for maintenance activities. Completing this form involves accurately describing the property and the dimensions of the airspace in question. The form also includes provisions that waive the Grantor's right to seek damages related to aircraft operations, making it essential for establishing liability boundaries. This document is valuable for attorneys negotiating real estate transactions, airport operators, landowners, and paralegals involved in property law. It aids in clarifying rights and responsibilities while ensuring compliance with local aviation regulations. Additionally, it serves as a protective measure for the airport's operational integrity in relation to neighboring properties.
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  • Preview Avigation Easement For the Maintenance of Airspace
  • Preview Avigation Easement For the Maintenance of Airspace
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FAQ

As interests in real property, easement deeds are subject to the recording laws in California and are entitled to be recorded in the office of the county clerk in the county where the property is located (CIV 1169).

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.

Creation of EasementsExpress Easements. Express easements are created by a written agreement between landowners granting or reserving an easement.Implied Easements.Prescriptive Easements.

Recording: The Easement must be recorded in the Office of the County Recorder of the county in which the Land is located. Copies: Copies of the fully executed recorded Easement should be provided to the campus real estate office and to RESS.

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California Easement By Estoppel