California Communication Systems Easement
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How to fill out Communication Systems Easement?
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FAQ
As interests in real property, easement deeds are subject to the recording laws in California and are entitled to be recorded in the office of the county clerk in the county where the property is located (CIV 1169).
Easement by necessity occurs when an individual or entity need access or use of a portion of a property, but the property owner does not grant permission for that use. The aggrieved individual can petition the court for an easement by necessity in some situations.
An easement is where a landowner gives another a limited right to use their land most often for reasonable access to things like roads, trails, parks or beaches. It is not an ownership right in the land, it is the mere right to use another's land for limited purposes.
To establish a prescriptive easement in California, the adverse use of the land must be open, notorious, and continuous for at least five years. The open element requires the easement user to engage with the land in an open way, which can usually be ascertained by whether it appears the user is doing so in secret.
Negligent maintenance is another issue. The servient estate owner is typically responsible for maintaining the easement, and when this duty is neglected, it can result in disputes.
The legal situation may not bother some people, but for others, it may. Most of the time, a property owner cannot block an easement that has already existed in the property's deed. When the property owner contests the easement's boundaries, a reputable local company in California can conduct a property survey.
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.
The easement does not technically need to be recorded, but an unrecorded agreement may not be ultimately enforceable in a court of law, so ensure that any written agreement is properly and legally recorded to avoid contentions in the future.