California Utility Easement (Electric Lines, Telephone Lines and Appurtenances)
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FAQ
Prescriptive Easement ? A prescriptive easement is produced when someone utilizes another person's property in a specific way for a lengthy period without their consent. To establish a prescriptive easement in California, the adverse use of the land must be open, notorious, and continuous for at least five years.
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.
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.
When termed as a utility easement, it means a utility company's right to access and control the portion of another person's land that is located near utility facilities and structures (i.e. utility poles, transformers, overhead or underground electrical lines).
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.
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.
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.
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.
