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Cadden & Fuller LLP
888-988-3477
  • Home
  • Attorneys
    • Thomas H. Cadden
    • H. Daniel Fuller
    • William D. Chapman
    • Judy Hirahara
    • Cecilia A. Perkins
    • John B. Taylor
  • Practice Areas
    • Business Litigation
      • Breach Of Contract
      • Breach Of Fiduciary Duty
      • Creditor Remedies
      • Directors And Officers’ Litigation
      • Fraud
      • Investment / Securities Litigation
      • Unfair Business Practices
      • Unfair Competition
    • Partnership And Shareholder Disputes
      • Partnership Disputes And Litigation
      • Shareholder Disputes And Litigation
    • Real Estate Litigation
      • Breach Of Lease Disputes And Litigation
      • Purchase And Sale Litigation
      • Zoning Disputes
      • Americans With Disabilities Act (ADA)
      • FAQ About Easements
    • Landlord-Tenant And Commercial Lease Disputes
    • Proposition 65 Litigation
    • Insurance Disputes
      • Insurance Companies’ Refusal To Defend
      • Insurance Companies’ Failure To Indemnify
      • Bad Faith Claims
    • Employment Defense Litigation
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An overview of easements

On Behalf of Cadden & Fuller LLP | Oct 4, 2021 | Real Estate |

When you first purchase a property, some of the documents may discuss an easement. You may wonder what this is and how it affects your rights as a property owner.

An easement allows people to access your property in a specific way. Realtor says that an easement may be necessary if your neighbors have to drive across your property to reach their home. Local utility companies may also need to lay cables across portions of your land. In these situations, an easement allows these parties to legally use a portion of your property.

How does this affect your property?

According to the California Land Title Association, people who own an easement have the right to make some modifications to their property. These owners cannot make changes to your entire property but only to the portion included in the easement. Utility companies may need to cut down trees or trim branches that grow too close to power lines. Your neighbors may be able to remove part of your fence and widen or repave part of the road so that it is easier for them to access their property.

The documents concerning the easement usually discuss some of the modifications that people can make. You may want to review these documents so that you understand what kind of modifications are legal under the agreement.

Does an easement change the legal owner of a property?

You may wonder how an easement affects your property rights. Do you still own the portion of the land subject to the easement or does the person receiving the easement become the owner? The easement documents usually review this information. An easement may grant people the right to use a portion of your property. In this situation, you are still the legal owner of this land. Sometimes, though, you may sell the right to the easement, and the terms of the agreement typically determine the identity of the legal owner.

Knowing the details about easements can usually help you understand your rights as a property owner.

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