California Utility Easement (Electric Lines and Appurtenances)
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FAQ
Execution: The Easement must be executed on behalf of both the Grantor and the Grantee, and all signatures must be acknowledged by a Notary Public. Recording: The Easement must be recorded in the Office of the County Recorder of the county in which the Land is located.
Easements are either ?appurtenant? or ?in gross.? An appurtenant easement benefits a specific parcel of land, known as the dominant estate. The parcel over which the easement runs is called the servient estate. An appurtenant easement attaches to the ownership of the dominant estate.
Definitions. An easement (from the Latin for adjacent) is defined as "an interest in the land of another, entitling the easement holder to a limited use or enjoyment of that land." If the easement benefits another parcel of land, it is called an appurtenant easement.
An easement in appurtenant could be something like a shortcut to a public park, access to a utility or a right of way to the street.
An easement appurtenance refers to a type of easement that is permanent to both properties involved. For example, if Property B sits behind Property A and has a driveway across Property A in order to access the road, that access is an easement appurtenance.
You'll want to check if you're the easement user, known as the dominant property, or if you're the property owner who must allow your neighbor to use your property, known as the servient property. The servient property owner cannot block the use of the easement.
The answer is - two adjacent parcels, different owners. An easement appurtenant must have two owners and two parcels of land. A landlocked parcel would require an easement by necessity; long-time unauthorized usage would lead to an easement by prescription.
