Easement in California
State-specific overview · Property & Real Estate
California enforces easements as real property interests and allows prescriptive easements after five years of open, continuous use.
How California treats Easement
California recognizes express, implied, and prescriptive easements. A prescriptive easement requires five years of use that is open, notorious, continuous, and adverse (hostile to the owner's rights). California courts strictly construe easement grants and do not permit the easement holder to expand use beyond the original scope or increase the burden on the servient land. Easements by necessity arise when land becomes landlocked and terminate when the necessity ends or alternative access becomes available.
The general definition of Easement
The right to use someone else's land for a specific purpose, like crossing it or running utilities.
An easement gives one person or entity the legal right to use another person's property in a limited way. For example, a utility company might have an easement to run electric lines under your yard, or a neighbor might have an easement to cross your land to reach their property. The property owner still owns the land but cannot prevent the easement holder from exercising their right.
Read the full Easement entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in California.