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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.