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Easement Vs Private Eminent Domain Use

Updated on September 27, 2023

An easement is a special right granted by the government to one party, usually landowners, for another party, usually the public. This type of agreement is regulated by state statutes.

A public easement allows people access to land in order to pass through or use it for transportation purposes.

A private easement grants specific individuals the right to use another individual’s land for a particular reason.

An example of a private easement is an agreement between two neighbors that allows one to use the other’s driveway for access to their property.

There is an intersection between real estate law involving types of easements and eminent domain. As active real estate attorneys in both areas of law, we seldom see these two areas overlapping. But, in some situations a landowner can seek an easement through a neighboring landowner’s property through the exercise of a private right to eminent domain.

California law permits a private entity, through an eminent domain proceeding, to acquire an easement to aid its property by showing that there is “great necessity” for the taking of the easement. California Civil Code Section 1001(c)(1). What great necessity means can obviously be an issue subject to dispute.

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Schorr Law is a Professional Corporation of real estate easement attorney Los Angeles. Contact us to see if you qualify for a free consultation at (310) 954-1877, or send us an email at [email protected]

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