Legal Question in Real Estate Law in California

I need a " Covenant of Easement" form for driveway access and joint communications trench. I own both parcels, so cannot grant myself an Easement deed per California law. IWhat form/Text can I use? The Planning Dept says to use Covenant of Easement, but no forms are offered??


Asked on 9/07/09, 9:42 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

A city or county can adopt an ordinance providing for the recordation by property owners of covenants of easement as part of its planning and development scheme. This is covered in the Government Code, largely in sections 65870 through 65875. The provisions of the local ordinances may govern the format, etc. of the "covenant of easement" language that is expected locally, and a good place to explore for other landowners' efforts from which you could plagiarize some language would be the county recorder's office. Probably local lawyers have been copying each others' work for decades and charging clients as though the resulting document was their original thought and research product (am I too cynical?). In any case, this is well-plowed terrain and any local lawyer who has worked with property development and the like probably has such a document in his or her word processor. Due to the local-ordinance aspects, there may not be too much available that can be transplanted from one city or county to another.

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Answered on 9/07/09, 10:38 pm


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