This week the Nevada County Association of Realtors® hosted a webinar on property easements and lot line adjustments.
An easement is an interest in real property that entitles its owner to limited use of land in possession of another. Think of a driveway that passes over someone else’s property.
Property easements will show up on the title report in the legal description and it is always a good practice to get this information way ahead of time when interested in a property.
Utilities like Pacific Gas and Electric or Nevada Irrigation Ditch need access on a property to access power lines. They will have an easement for access on the property. Easement Appurtenant is most common like right-of-way or ingress/ egress and these benefits and runs with the land.
Easement In Gross is tied to the person not tied to the land. An example is if someone has the right to fish a lake and take game or take wood, water or minerals.
Even Home Owner Associations Declaration of Covenants, Conditions, and Restrictions (CC&Rs) can be considered a covenant running with the land. These usually do not give the right of use but restrict them.
Easements can also prevent the carrying out of an act known as a Negative Act. For example a negative easement can keep a neighbor from growing their trees too tall that block out natural light.
When disputes arise in courts it is good to know that, according to Nevada City attorney Patrick Macias, “The California law favors the free use of land and in general does not want land locked lots”
Sometimes an easement isn’t sufficient for a particular use and a lot line adjustment is best. A lot line adjustment is the actual conveyance of the land. These adjustments can also be referred to as Boundary Line Adjustments, or Minor Boundary Resolution. According to escrow officer Janine Romney this legal move of the boundary line will take time, money, initial property line surveys, property taxes paid and city or county approvals by a surveyor. Legal description of the parcels will have to be updated too and a deed needs to be completed. Generally there are bank lenders involved that need to be made aware of the adjustments and they must give their approvals which can sometimes include fees.
Again this is a great reason to work with a knowledgable Realtor®! Nevada County and Placer County are very dynamic and you can greatly benefit from an experienced and hard working agent. Call us!
Opinion piece by John Boyer, Realtor®
