Full question:
We own a piece of rural property in California which has access problems. A neighbor has offered to grant us an easement allowing us to use his private road which extends all the way across his acreage to our property. We need an easement form which we can all sign and record with Mendocino County (a Grant Deed) which will grant us ingress and egress in perpetuity, and be transferable with the land. Does one of your Easement forms meet our needs?
- Category: Real Property
- Subcategory: Easements
- Date:
- State: California
Answer:
US Legal Forms has a form captioned "Easement and Right of Way (Nonexclusive Use Grantor's Private Road" (www.uslegalforms.com/us/US-OG-073.htm) that meets your requirements and that is valid under California law. You will need to identify the parties, both the grantors and all grantees, and also to describe the course or route of the easement. Ideally, especially for you and the other grantees, the course of the easement should be described by a metes and bounds description of the centerline of a road of a certain width. Please note that the form must be acknowledged in accordance with California law. The URLs for both the form of easement and the form of acknowledgment appropriate for California are given below.
The California acknowledgment reads as follows
State of California
County of _________
On __________ before me, (here insert name and title of the officer), personally appeared__________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature __________________________________ (Seal)
In the context of property law, right of way is the right to travel over someone's land and to have the reasonable use and enjoyment of their property as long as it is not inconsistent with the owner's use and enjoyment of the land. The right of way may be a specific grant of land or an "easement," which is a right to pass across another's land. Some rights of way are for a specific use such as repair of telephone lines.
Please see the information and forms at the following links:
Please see the forms at the following links:
http://www.uslegalforms.com/us/US-OG-073.htm
This information is for informational purposes only and does not constitute legal advice.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
