This form grants the nonexclusive right to make use of the Grantors existing road.
Orange California Nonexclusive Easement and Right of Way to Use Grantor's Private Road
State:
Multi-State
County:
Orange
Control #:
US-OG-073
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You must apply to register an easement in form AP1 where both the benefiting land and the servient land are registered. When the benefitting land is unregistered you can apply to register the easement using either form AP1 or form AN1 to meet the registration requirements (rule 90 of the Land Registration Rules 2003).
If the easement either contains no language related to maintenance (or is not written at all), the default rule is that the dominant estate owner (meaning the person who was granted the easement) is required to adequately maintain the easement at no cost to the servient estate owner (the easement grantor).
The difference is that, with an easement appurtenant, the dominant estate your neighbor, for example holds the right to the land. With an easement in gross, the users of the easement aren't estates, they're people like utility companies or services.
There are several types of easements, including: utility easements. private easements. easements by necessity, and. prescriptive easements (acquired by someone's use of property).
Recording: The Easement must be recorded in the Office of the County Recorder of the county in which the Land is located. Copies: Copies of the fully executed recorded Easement should be provided to the campus real estate office and to RESS.
Affirmative easements are the most common. They allow privileged use of land owned by others. Negative easements are more restrictive. They limit how land is used.
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).
The owner, or any person who by virtue of a real right may cultivate or use any immovable, which is surrounded by other immovables pertaining to other persons and without adequate outlet to a public highway, is entitled to demand a right of way through the neighboring estates, after payment of the proper indemnity.
An express easement is expressed to be so by deed and in the case of registered land is referred to in the A Section of the Title Register for the dominant tenement (the land having the benefit of the easement) and in the C Section of the Title Register for the servient tenement (the land burdened by it).
Some shared driveways exist completely on one property, and the easement grants the other property owner rights to use and possess the driveway to access his or her property.
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Lawful use out of or over the estate of another. (40) Private Access Easement and Private Road.Public road right-of-way. Single stub-out to right-of-way line for future sewer connection of the property only if County's construction begins before Grantor's. Pursuant to Section 286. Grantor reserves the right to allow access and use of the.