How to obtain expert legal documents that adhere to your state's regulations and create the California Option Agreement For Easement without hiring a lawyer.
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An easement may be created by express words, either of grant or reservation. Typically, an express grant of easement will be created by deed but may be created by any instrument that transfers an interest or estate in real property.
3 The circumstances for the creation of an easement by necessity in California are well known: "An easement by way of necessity arises by operation of law when it is established that (1) there is a strict necessity for the right-of-way, as when the claimant's property is landlocked and (2) the dominant and servient
An easement is a right that an entity or person has to use a portion of a property for a specific purpose. Keep in mind that the entity or individual who uses this easement doesn't own the land in question. Easements are typically written into the property deed but can be left off in certain situations.
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).
A California court may create an easement by necessity because B has no other option if B wants access to the public road. If B had the option of constructing a road, an easement by necessity would not apply. Like the implied easement by existing use, an easement by necessity need not be in writing.