It may be possible for those living in California to make use of property that they don’t own. To use property that you don’t own, you must obtain an easement. You may be able to do so by creating a written agreement with the person or entity who owns the property that you would like to use.
The property owner can still access the area
Even if you have an easement, it may still be possible for the property owner to occupy or otherwise use his or her land. Generally speaking, either party to the agreement can use the land in a way that doesn’t interfere with the rights of the other person. It is important to note that an easement doesn’t give you the right to limit how the property may be used by other parties whether they own the land or not.
Easements may be transferred
It is possible for an easement appurtenant to be transferred after land is sold to another owner. This may be true whether the easement is mentioned during the process of selling the land. An exception may be made in the event that an easement document expressly states that it cannot be transferred. Easements in gross could be transferred if the land is used for commercial purposes.
Easements can be terminated
Generally speaking, easements are meant to last forever unless the agreement calls for it to be terminated at a later date. For instance, an easement may end when a construction project is completed or if you give up your right to it. If you fail to use an easement properly, it could be deemed to be invalid.
Obtaining an easement may make it possible to hunt or fish on land that belongs to another person. It may also make it possible to raise animals or simply cross through another person’s land to get to your property in a timely manner. A real estate law attorney may be able to assist you in getting an easement regardless of what you intend to do with it.
