Alameda California Amendment to Easement and Right of Way (to allow it to be used for Telecommunications Purposes)
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FAQ
In general, there are two different types of easements that can be created by express grant either an appurtenant easement or an easement in gross. An appurtenant easement is an easement that runs with the land meaning it is meant to be binding on successive owners of the dominant and servient tenements.
In California, a user of land may establish a prescriptive easement by proving that his or her use of another's land was: (1) continuous and uninterrupted for five years; (2) open and notorious; and (3) hostile. The first two requirements are relatively straightforward.
3 The circumstances for the creation of an easement by necessity in California are well known: "An easement by way of necessity arises by operation of law when it is established that (1) there is a strict necessity for the right-of-way, as when the claimant's property is landlocked and (2) the dominant and servient
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.
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).
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.
Prescriptive easements where rights have been used for over 40 years also take effect as legal easements but again this is rare. If servient land is registered then the legal easement must be registered otherwise it will be an equitable interest only.
(1) EXPRESS GRANT OR RESERVATION. An easement may be created by express words, either of grant or reservation. Typically, an express grant of easement will be created by deed but may be created by any instrument that transfers an interest or estate in real property.
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).
