Temporary Construction Easement Template With Formulas
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FAQ
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.
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.
Easements by implication occur when a property is divided and the facts and circumstance indicate a prior use that is reasonably necessary. An easement by necessity is similar to an implied easement; however, it doesn't require a prior use, but the easement must be an absolute 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.
In California, an easement is usually established in one of four ways: expressly, prescriptively, impliedly, and through necessity.