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There are four kinds of easements in law in California. The express easement is the most common. The other three are prescriptive easement, implied easement by existing use, and easement by necessity.
For example, if the dominant parcel is landlocked and the owner cannot access the main road without driving through an access road that runs through the servient estate, an easement by implication may be created.
The Court held that an easement for a broad grant of right of way use is limited only by its reasonable use based upon the scope set forth in the written agreement and not its historical use through the parties' course of conduct.
An easement by necessity is a court order granting the landowner legally entitled access to their property. The catch is that the landlocked owner must prove through a deed and title search that both the landlocked property and the neighboring property were at one time owned by the same person.
An easement by necessity is a court order granting the landowner legally entitled access to their property. The catch is that the landlocked owner must prove through a deed and title search that both the landlocked property and the neighboring property were at one time owned by the same person.