Easements & Boundary Law in California

In California, the real estate boom has led to the construction of many new housing and commercial developments. To accommodate the growing population and demand for housing, new homes are popping up in places where available land is shrinking. As a result, property lots are being divided, new property lines are being drawn, and “interesting” architecture designs for new homes are being built.

Whether it is new homes being built or existing real estate being sold, the conditions of use for the property are critically important. Easements may exist on a parcel of land that grant utility companies the right to dig under a front yard – or neighbors to drive through the backyard. If an easement does exist on a property, it should appear on the Preliminary Title report, since easements generally have to be recorded.

Easements can affect a property owner’s ability to enjoy or improve their land, and can impact everything from utilities to light to view to driveways to fences to even AIR! As a result, it is critical to understand the basics of easements & boundary law in California, such as:

  • What are Easements & How Are They Created?
  • How To Find & Understand Easements on a Preliminary Report
  • What Disputes Arise with Easements & How Are Disputes Resolved
  • What Boundary Law Issues Are Involved With Easements (& What Are Not)
  • Fences, Trees, & Property Lines
  • …and many other terms & considerations


The attorneys at Brewer Offord & Pedersen LLP have written extensively about easements, including about how easements are created, how to extinguish an easement, and how homeowners associations can obtain easements. In addition, the firm recently produced a webinar about easements & boundary disputes in California. Attorney Simon Offord of Brewer Offord & Pedersen LLP provided essential information that homeowners, commercial property owners, real estate agents, appraisers, real estate investors, and brokers should know about easements – including what they are, how they are formed, what they mean, and how they impact property rights.

You can watch the replay of the webinar below, as well as view or download the slides.


Watch the Replay


View the Slides

Click Here to Download the Slides

To keep up with real estate law in California, including articles, guides, and downloads published by Brewer Offord & Pedersen LLP, visit our California real estate law blog.