What types of easements exist under California law?

What the Law Says

California law defines and governs easements through the Civil Code. The most common types arise by express grant, implication, prescription, or statute.

An express easement is created in writing — typically in a deed or will — and must comply with the Statute of Frauds. It grants a specific right to use another’s land for a defined purpose.

Implied easements arise without written agreement. Two main kinds exist: easements by necessity (required for landlocked parcels) and easements by prior use (where use was apparent, continuous, and reasonably necessary before severance of title).

A prescriptive easement forms after open, notorious, adverse, continuous, and uninterrupted use for five years — the same period required for adverse possession, but without a claim of ownership.

Statutory easements are created directly by state law, such as utility easements under Public Utilities Code § 701 or drainage easements under Water Code § 106.

Statutory Text

An easement is an interest in the land of another, which entitles the owner of the easement to a limited use or enjoyment of the land.

— Civil Code § 801 — Definition of easement

Statutory Text

Where a person has been in the open, notorious, adverse, and continuous use of a way over another's land for five years, he acquires an easement by prescription.

— Civil Code § 1007 — Prescriptive easement

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