San Bernardino California Easement and Right of Way (For Electrical and Communication Lines and Faciliites)
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FAQ
An easement is a right to use land that belongs to another, as opposed to a right to possess land of another. California has long recognized easements as an important part of property law and as a way to ensure that fairness exists among landowners, particularly when a landowner possesses a landlocked parcel.
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).
An easement is a right to use land that belongs to another, as opposed to a right to possess land of another. California has long recognized easements as an important part of property law and as a way to ensure that fairness exists among landowners, particularly when a landowner possesses a landlocked parcel.
(a) The owner of any easement in the nature of a private right-of-way, or of any land to which any such easement is attached, shall maintain it in repair.
Generally, the owner of any easement has a duty to maintain the easement. If the easement is owned by more than one person, or is attached parcels of land under different ownership, each owner must share in the cost of maintaining the easement pursuant to their agreement.
A At common law, the owner of land subject to a private right of way (the servient owner) is under no obligation to maintain it. If someone with a right to use the roadway (the dominant owner) wants it mended, it is up to them.
(a) The owner of any easement in the nature of a private right-of-way, or of any land to which any such easement is attached, shall maintain it in repair.
An easement in California can be granted to anyone: an individual, a neighboring landowner, a utility company, a government agency or a private company. Any of these parties could be liable for your damages after an accident on an easement.
Once an easement has been recognized, you cannot interfere with it. For instance, you can't suddenly erect a barrier on a road to the public street that runs through your property. You also cannot block a utility company from accessing your property for maintenance or updates.
