When you want to use someone else’s property, you have to propose and negotiate with an easement. This situation arises, for instance, when you want to cross someone’s property to get to yours. You may also require an easement to conduct electric wires into your house across a neighbor’s property. When you need an easement, make a document which contains the full agreement terms, and negotiate and amend those terms together with the real estate owner. Make sure you cover all important problems that might arise during the period of the arrangement.
Write down the burdens and benefits of the easement. Each easement creates a load for the home owner granting the access. By the same token, the easement delivers a benefit to the person wanting access. To be able to negotiate, then you have to clearly state benefits and burdens on your arrangement document. California courts are far more likely to decide in your favor in case of a dispute in case you have clearly stated why you would like the easement and the annoyance it might cause the property owner.
Name the celebrations. The person living on a property is not necessarily the owner. Indicate the owner of the property who has the capability to give the easement. If the property has several owners, you will require the agreement of all of them. Moreover, if the home has a tenant, California law allows provisions for tenant acceptance.
Describe the property. Utilize the legal description of the property on record in your California county or state property office. Indicate the easement “runs with the land,” meaning that you’re asking for accessibility which definitely requires the property in question.
Write whether the easement is permanent or temporary. If the easement is temporary, like if you would like to move heavy construction equipment to get a one-time job, indicate if the easement will finish.
State the extent of the easement. Indicate exactly how much space you’re asking for, such as length, breadth and width. Attach a drawing which indicates easement boundaries.
Negotiate reserved rights. The property owner might have applications for the easement that happen concurrently to your usage. Write down all of the owner’s rights which will stay in position even after the granting of the easement.
Write down that will take care of maintenance and repair of the easement property. Also indicate who’s liability for harm to workers or adjacent property which could be impacted by use of the easement
List repayment amounts. In California, the property owner has the right to demand payment for an easement. The condition licenses appraisers who appreciate easements. In the event that you and the property owner are agreeable, then you aren’t required to find an appraisal and might agree on any number you see fit. During negotiations, point out any advantages the property owner can receive from an easement. For instance, if permitting the easement helps you improve the value of the house, the easement owner’s property might go up in value as well. This could reduce the fee to get the easement.
Outline the whole agreement and negotiate with any difficulties. You may either initial changes in the document or, when changes are extensive, sweep the agreement in its entirety. Make sure that the document you sign comprises all of the benefits and burdens you have negotiated