Legal Question in Real Estate Law in California

My Dad recently passed away, and for the last 50 yrs. he has owned property along the river. My Mom will be selling the property this year (172 acres). It is hers and she can do whatever she likes, I have no problem with her decision. But, I feel closest to my Dad there and quite frequently go sit at the river. At all times I am approx. a mile from the house and wouldn't even be noticed if I didn't stop in to check on my Mom. I would like to know if she can grant me an easement which would give me the right to go sit down at the river even after the new owner takes possession?


Asked on 7/20/17, 10:26 am

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Yes, this appears to be possible. Most easements involve two properties, one which is benefitted by the easement, for example by having driveway access across the other, while the other is said to be "burdened" by having the easement across it. These usual easements are called "appurtenant easements". In addition, however, the law recognizes another form of easement in which the easement owner doesn't have any adjacent parcel of land. These are called "easements in gross" and are made possible by California Civil Code section 802. Among the purposes for which a section 802 easement in gross can be created are: "802(One) --The right to pasture, and of fishing and taking game" and "802(Five) -- The right of way". I would suggest your mother and you visit with a savvy local real estate lawyer and have an easement in gross written up for signature and recordation which gives you and easement for right of way to your favorite spot and the right to sit there and fish (whether you bait the hook or not is up to you).

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Answered on 7/20/17, 10:52 am


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