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An easement by necessity arises when one party is required to use another person's property. For example, when a person is required to use a neighbor's driveway to access his home, it's considered an easement by necessity.
Different jurisdiction may have different rules and regulation with regards to driveway easements. Generally, a width of 30 feet is fairly common.
In California, an easement is defined as a right granted to an entity to use a piece of property belonging to a separate individual or entity for a specific purpose. The most common types of easements in real estate are those that grant road or utility access.
Easement" defined. Previous Next. An easement is a right which the owner or occupier of certain land possesses, as such, for the beneficial enjoyment of that land, to do and continue to do something, or to prevent and continue to prevent something being done, in or upon, or in respect of, certain other land not his own ...
Easement width shall be 24 feet and the length shall be the full width of adjoining properties fronting the roadway. The Director of Public Works may approve an alternative layout as necessary given the shape of the particular tract.