Transfer of easements for San Diego, California real estate

Easements are transferred automatically if they are easements appurtenant. Easements in gross can be transferred only by an expressed agreement, providing the easement is not made to a specific individual. An easement should be recorded. If it is not recorded, and the purchaser does not have knowledge of an easement, then the easement may not be considered to have been transferred with the property.

Termination of an easement

Easements may be terminated in several ways:

1. EXPRESSED RELEASE Any written agreement can terminate an easement, but the usual form is a quitclaim deed. The servient tenement is the only one that could benefit from the termination of an easement.

2. MERGER OF DOMINANT AND SERVIENT TENEMENTS An easement is automatically terminated when the dominant and servient tenements merge into a common, or single, ownership. The easement can be created again if any part of the real estate is later transferred to a "separate owner."

3. ABANDONMENT AND NON-USE If there is an obvious intent of an easement holder to abandon his or her easement, then that person may lose the easement through court action. In this way, an easement gained through prescription may be extinguished if non-use exists for a period of five continuous years.

Non-use of an easement acquired by prescription could terminate that easement. However, non-use of an easement appurtenant would not terminate the easement, unless it is abandoned.

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