Easements are one area of real estate that can be confusing for both residential and commercial buyers. A major question posed in a real estate dispute involving an easement, or the right to use a particular piece of land, is whether it is implied or express. The chief difference between the two is that an implied easement in Los Angeles or another part of California is created through particular circumstances, whereas an express one arises from a document or agreement.
Express easements are created by wills or deeds. Therefore, they have to be in writing. They can also be formed when the owners of certain properties convey their land to others but save or reserve easements in them.
Implied easements exist when there are no particular agreements or documents creating them. There are three requirements for having these types of easements. First, they have to be reasonable necessary for the original pieces of property to be able to be enjoyed. Second, the land has to be split so that a parcel’s owner is either selling a part and retaining the other party, or is subdividing the land and then selling parts to various new owners. Finally, the reason for the use of the easement must have existed before the sale or severance took place.
In some cases, a real estate dispute may arise regarding whether an easement exists or not. In other cases, a business or individual may wish to create one. In addition, some people or businesses might want to buy properties that have been burdened by them. In any of these situations, an attorney experienced in real estate law can help to protect one’s best interests in Los Angeles and elsewhere in California.
Source: findlaw.com, “Express and Implied Easements“, Accessed on March 15, 2017