My Account Deeds.com Real Estate Deeds

California Easement Deed

An easement is a non-possessory interest in another person's property that gives someone the right to use another person's property for a specific purpose. An easement can be acquired in many different ways: by an express grant, by prescription, by necessity, by implication, and by condemnation. Easements can be conveyed by deed, will, or contracts.

A transfer of real property in California will pass all the easements attached to the property and creates in favor thereof an easement to use other real property of the person whose estate is transferred in the same manner and to the same extent as such property was obviously and permanently used by the person whose estate is transferred, for the benefit thereof, at the time when the transfer was agreed upon or completed (CIV 1104).

Section 801 of the Civil Code of the California laws lists a number of land burdens, or servitudes upon land, which may be attached to other land as incidents or appurtenances as easements. A servitude (the land upon which a burden or servitude is laid) can only be created by someone who has a vested interest in the servient estate (CIV 804). Additionally, a conservation easement can be created for the purposes of preserving the natural, scenic, historical, or open-space condition of a specific piece of land (CIV 815.1).
The party granting the easement must sign the easement deed and have his or her signature acknowledged before submitting the document to the county recorder. A California all-purpose acknowledgement is required (CIV 1188). The officer taking acknowledgements must have a certificate endorsed on or attached to the easement.

As interests in real property, easement deeds are subject to the recording laws in California and are entitled to be recorded in the office of the county clerk in the county where the property is located (CIV 1169). Once an easement deed has been recorded, it serves as constructive notice of the contents to subsequent purchasers and mortgagees (CIV 1213). Every conveyance of real property is void as against any subsequent purchaser or mortgagee of the same real property, or part thereof, in good faith and for a valuable consideration, whose conveyance is first duly recorded, and as against any judgment affecting the title, unless the conveyance shall have been duly recorded prior to the record of notice of action (CIV 1214). An unrecorded easement deed is valid as between the parties to it and those who have notice of it (CIV 1217).

Deeds.com California Easement Deed Forms Have Been Updated as Recently as Tuesday September 10, 2019

4.7 out of 5 (849 Reviews)

What others like you are saying:


Donna J. said: Doesn't have samples pertaining to me. Still searching for correct wording forGRANTORS (plural) so its legally written.

Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!


Stanley C. said: Amazingly simple, easy to download and use. Excellent service, Thank You

Reply from Staff: Thank you!


Carlin L. said: I have yet to have my Certification of Trust notarized nor have I gone to my bank to see if it's acceptable I hope it will be it was rather easy to do thank you so much.

Reply from Staff: Thank you for your feedback Carlin.


Ralph H. said: Your documents resolved my problem. Thanks.

Reply from Staff: Thank you Ralph, we appreciate your feedback.


Barbara B. said: Great forms and instructions!

Reply from Staff: Thank you Barbara.


Caroline K. said: SIMPLE, THAT IS GOOD

Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!


California Easement Deed Form