California Easements: Property Access in the Golden State

California easements are a critical aspect of property law that often arise in the context of disputes between landowners. Essentially, an easement is a legal right that grants one person or entity the right to use another person's property for a specific purpose. Easements can be created in a variety of ways, including by agreement, implication, estoppel, or prescription, and can be either express or implied. In California, there are several types of easements, each with its own unique requirements and characteristics.

Easements by Necessity

One of the most common types of easements in California is the easement by necessity. This type of easement generally arises when a landowner's property is landlocked, meaning it has no legal access to a public road. In such cases, the owner of the landlocked property may have the right to use a neighboring property for access to the public road.

To establish an easement by necessity in California, the landowner must show that there is no other reasonable means of access to the property and that the easement is necessary for the reasonable use and enjoyment of the land. As stated by the California Court of Appeal, “[t]hree things are necessary thus to create an easement by implied grant: (1) A separation of the title; (2) before the separation takes place the use which gives rise to the easement must have been so long continued and so obvious as to show that it was intended to be permanent; and (3) the easement must be reasonably necessary to the beneficial enjoyment of the land granted.” (Rees v. Drinning, 64 Cal. App. 2d 273, 277, 148 P.2d 378, 380 (1944).)

Easements by Estoppel

Another common type of easement in California is the easement by estoppel. “An easement by estoppel arises from one party's reasonable reliance upon another's permission to use property, when the relying party changes position in reliance on the permission. The recognition and enforcement of an easement by estoppel is an inherently equitable remedy.” (Bouvier Law Dictionary, ed. 2021). For example, if an owner of property grants an adjacent property owner use of their property knowing the other party will expend money or labor on the easement area (e.g., securing access or improving a roadway), an easement by estoppel may arise.

Prescriptive Easements

In addition to easements by necessity and estoppel, California recognizes several other types of easements, including easements by prescription and easements by grant. Easements by prescription arise when someone uses another person's property in a certain way for a specified period without objection from the property owner. To establish a prescriptive easement, the use of the land must be:

• Open and notorious;

• Hostile, adverse, continuous, and uninterrupted; and

• Continue for the five-year statutory period under a claim of right.

In California, continuous use can be established from use that is ongoing for the requisite period of years, even if the use only occurs from time to time (Twin Peaks Land Co. v. Briggs, 130 Cal. App. 3d 587, 593 (1982)), or whenever it is needed (Myers v. Berven, 166 Cal. 484, 490 (1913)).

Easements by Express Grant

Easements by grant, on the other hand, are created by written agreement between the parties. The scope of an express easement is typically determined by the language of the grant creating the express easement (Cal. Civ. Code, § 806).

Regardless of the type of easement involved, disputes between landowners over easement rights can be complex and difficult to resolve. In some cases, the parties may be able to negotiate a mutually acceptable resolution, while in other cases, litigation may be necessary to resolve the dispute. In California, courts will generally enforce valid easements that were properly created and meet all legal requirements.

In conclusion, easements are an important aspect of property law in California and can have significant implications for landowners. Whether you are a property owner seeking to create an easement or a landowner involved in a dispute over easement rights, it is essential to have a thorough understanding of California easement law and the legal rights and obligations that apply in your specific situation.