Palo Alto, CA asked in Real Estate Law for California

Q: Easement syntax: A right of way and easement, for all purposes, into over and across, upon and in and to ...

Hello Lawyers,

I own an Easement in California which crosses 4 lots.

I use it everyday for ingress/egress.

Sometimes I "maintain" both road and bridge on the easement.

I assume it is clear of legal entanglements.

The Easement was granted in 1915.

It is 30 feet wide and about 1000 feet long.

On my Easement document, the ONLY "grant" language is this:

> PARCEL TWO

>

> A right of way and easement, for all purposes, into over and across,

> upon and in and to that parcel of land and every part thereof,

> described as follows:

>

> Being a strip of land 30 feet wide and lying 15 feet uniformly on each

> side of the following described center line, to wit:

>

> Beginning at a pipe driven in the northwesterly line ...

The rest describes easement dimensions.

- Q: What does the above text mean?

- Q: Is "for all purposes" more permissive than: "for ingress/egress".

- Q: Is it odd that the permissions are so brief yet, "strong"?

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1 Lawyer Answer
George W. Wolff Esq.
George W. Wolff Esq.
PREMIUM
Answered
  • San Francisco, CA
  • Licensed in California

A: It’s possible that this gives you a very broad easement.

But to give you a firm opinion an attorney would need to look at the subsequent title history of all the properties involved as well as any recorded court history as it is possible the easement was lessened or revised or cancelled over the years.

An easement can also be destroyed by adverse possession or failure to use over the years.

So the answer to your question would require an attorney to do more than interpret the original grant of easement itself, but that would also be necessary as words or even commas or other punctuation can sometimes become quite important.

Is the easement being used by anyone now?

1 user found this answer helpful

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