Fisher Law Corporation’s Frequently Asked Questions

The following are select subjects which are representative of the type of law we practice. Peruse the articles: If you don't find a subject that interests you, call us or e-mail us with your request.

Notice: The information contained in these articles is designed to provide accurate information in regard to the subject matters covered and is made available with the understanding that the information provided does not constitute the rendering of legal or professional services. All information is of a general nature, is specific to California law only, and is not intended to to replace professional or legal advice. Each person’s situation is unique and the information contained herein cannot be applied to any individual’s situation. If legal advise is required, the services of a professional should be sought.


What is an all-inclusive deed of trust? »

What is CERCLA? »

How does a condominium differ from a house? »

What are Covenants that run with the land? »

What is a deed in lieu of foreclosure? »

What are easements? »

What are Encroachments? »

How does escrow work? »

What is fire and flood insurance? »

How do foreclosures work? »

What are the different forms of doing business? »

What do trade terms mean? »

What are liquidated damages in real property contracts? »

What is a Lis Pendens? »

How do loan modifications work? »

What is a Mechanic’s Lien? »

How does a Multiple Listing Service work? »

What is an off-shore trust? »

How do real property taxes work? »

What is Procuring Cause? »

What is a Quitclaim Deed? »

What is RESPA? »

Who bears the risk of loss during escrow? »

What are second deeds of trust? »

What is the Statute of Frauds? »

What is Statute of Limitations on Debts Secured By a Mortgage? »

Does a buyer’s broker have a duty to inspect? »

What is The Parol Evidence Rule? »

What is Adverse Possession? »

 


Q. What are easements?

A. An easement is an incorporeal interest in the land of another that gives the owner of the easement the limited right to use another’s property or to prevent the property owner’s use of his property. An easement is a nonpossessory right to use the land of another which may be a permanent right or a right for a limited period of time. Thus, an easement, as any other interest in real property, can be limited in duration either as an interest for a specific term or as an interest terminating upon the occurrence of a condition. It may be “affirmative” in that it allows the owner to do acts on the land of another, or it can be “negative” in that it prevents a person from doing acts on his own land.

An easement creates an interest in real property and must be created or transferred as real property by an express or implied grant or reservation, or by prescription. Although an easement is an interest in real property, it does not create any title in the burdened land. Nor is it an estate in real property.

By definition, an easement is necessarily an interest in the land of another. Therefore, a person normally cannot have an easement in his own land. Also, an easement can only be imposed on an estate in real property. Therefore, since an easement is only an interest in real property and not an estate, it cannot become a burden on another easement.

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