Literary usage of Easements

Below you will find example usage of this term as found in modern and/or classical literature:

1. The Modern Law of Real Property: With an Introduction for the Student, and by Louis Arthur

Goodeve (1885)

"Continuous ' easements are " those of which the enjoyment is or may he ... Questions have

arisen in regard to ' continuous and apparent' easements and ..."

2. Wrongs and Their Remedies: A Treatise on the Law of Torts by Charles Greenstreet Addison,

Francis Stafford Pipe Wolferstan, James M. Dudley, Edwin Baylies (1876)

"Grants of rights of servitude— Licenses—Reservation of privileges amounting to an express

grant—Implied grants of easements—Privileges and services ..."

3. Commentaries on American Law by James Kent (1873)

"Of Easements and Aquatic Rights. — Under the head of easements may be included all ...

These easements are incorporeal rights, and imposed upon corporeal ..."

4. Handbook of the Law of Real Property by William Livesey Burdick (1914)

"SAME—CLASSIFICATION OF Easements 167. Easements may be classified as follows: (a) ...

There are various classes of easements met with in the reports, ..."

Riverside County Transportation Department, Survey Division Map Preparation Manual 5.0 Easements April
2010 5-1 5.0 EASEMENTS
INTRODUCTION
Easements should be identified with a note at the location of the plotted easement, or with a
number designation at the location of the plotted easement, corresponding to the appropriate
easement note.
When using a tablet format, indicate the plotted easements by placing a symbol (typically a
triangle/delta) around the number designation.
If the easement is “Not Plottable” or is “Blanket in Nature,” then include an easement note
(numbered without the symbol indicating the easement is not plotted). All easements shall be
listed in one of these formats.
Those qualifying for Signature Omissions shall also be included in the Signature Omissions
on sheet one. Easement information shall include the following:

Ownership, in favor of …;

Purpose;

Reference to the mechanism (map or document) creating said easement; and

All easements listed in the Preliminary Title Report (PTR), lying within the current map
boundary shall be listed on the final map and plotted (if applicable). If an easement shown in
the PTR does not lie within the current map, it should be removed from the PTR and not
shown on the map.
All easements dedicated or retained in the Owner’s Statement on the current map shall be
listed on the on the final map, and plotted (if applicable). The easement note shall indicate
whether the easement is dedicated or retained on the map.
Inclusion of easement(s) under the Signature Omissions Note/Certificate does not negate the
need to list and plot (if applicable) easement(s) on the final map (see Section 1.5).
Rights-of-way, easements, or other interests that cannot ripen into fee title shall be listed and
plotted (if applicable) on the final map. Also stated shall be:

Purpose;

Beneficiary (in favor of …);

Width of the easement, if applicable.

A copy of the document creating said easement(s) shall be submitted by the applicant
(Surveyor/Engineer or owner/developer) as part of the review process. If said “mechanism”
is a recorded document, and the legal description within said document refers to another
document or to a map, submit all reference material necessary to verify the location and
extent of the easement(s) in question. If an easement is particularly cumbersome to locate, to
save time and money on the review process, consider submitting/providing an exhibit to
expedite the review.
Presenting the easements in a Tablet format is the preferable method. When using the Tablet
format, the “Easement Notes” should be placed on the Boundary Sheet (first map sheet)
whenever practical or as soon thereafter as possible. For some maps it may be necessary to
have a sheet (typically directly after the Boundary Sheet) dedicated to “Easement Notes”
(and/or other Note sections, i.e., Monument Notes).
Each map sheet shall reference the location (See Sheet No.___ for Easement Notes) of the
Easement Notes when using the Tablet format. In this format, the review process can be
expedited somewhat, in terms of review/comparison from the PTR to the final map, and also
from the Owner’s Statement to the map sheets. Also, as the ECS is often a version of the
Boundary Sheet, and some easements are required to be listed and plotted on both the final
map and ECS, this is an efficient method to satisfy said requirement.
Easements listed in tablet format shall be numbered with no overlaps or gaps in the
numbering. Include a symbol (a triangle/delta) around the easement number to indicate that
an easement is plotted. Use the number only, with no symbol (triangle/delta) for “non-
plottable” easements. If an easement is not plottable, state the reason in the easement note
(e.g., “not locatable from records,” “blanket in nature”).
If the Tablet format is not desirable or practical, the easement note(s) can be placed at the
location of the corresponding easement, on each sheet the easement is plotted. If using this
alternate format, all requirements as to the identification of easements listed above must be
strictly adhered to. If an easement is not plottable, then it shall be listed in the Tablet format.
Care should be taken to avoid mixing formats.
Plottable easements shall be fully annotated and dimensioned, defining any encumbrances
against the map. Easement(s) shall be tied to the boundary and/or any parcels (as applicable).
Easement(s) shall be tied to any other intersecting or abutting/adjoining easements. Strip
dimensions/descriptions/annotations are acceptable when applicable.
Any easement(s) required to record prior to the current map shall be plotted and referenced
on said map. (This includes off-site easements. The extent of plotting will be determined on a
case-by-case basis).
Any easement(s) dedicated on the final map, that is/are not dedicated to the County of
Riverside Riverside County Transportation Department, Survey Division Map Preparation Manual 5.0 Easements
April 2010 5-3
or to the Public, will require a Certificate of Acceptance from the beneficiary of said
easement(s).
A different symbol such as a hexagon placed around the easement number may be used to
differentiate easements dedicated/retained on the map from easements of record. Verbiage in
the easement notes must coincide with verbiage in the Owner’s Statement.
5.1 TABLET FORMAT
11
Easement Notes:
1 Easement for public utility purposes, per TR 30819, MB 336/78-93.
2. Easement for public utility purposes, together with the right of ingress and egress for
emergency vehicles, per PM 30240, PMB 208/28-65.
3. Easement in favor of SCE, for construction and maintenance purposes per Inst. No. 01-
234567, Rec. 3/02/01, O.R. (Plotted and referenced on map sheet(s))
4. A non-exclusive easement for utility and drainage purposes as reserved to Mark Borough
California, Inc. per Inst. No. 21820, Rec. 1/29/86, O.R. Said easement is blanket in nature.
5.2 ALTERNATE FORMAT
The alternate format is used for easements plotted on map sheet(s) with corresponding
easement note also listed on map sheet(s).
60' easement for ingress and egress in favor of Tim Jones per Inst. #15093, Recorded Nov. 5,
1964. Riverside County Transportation Department, Survey Division Map Preparation Manual 5.0 Easements April
2010 5-4
5.3 SIGNATURE OMISSIONS
Section 66436 of the Subdivision Map Act states the circumstances that constitute Signature
Omissions are as follows:

Rights-of-way, easements or other interests that cannot ripen into fee, except those owned
by a public entity, public utility or subsidiary of a public utility for conveyance to the public
utility for rights-of-way (i.e., private easements, not public utility easements);

Rights-of-way, easements, or reversions that by reason of changed conditions, long disuse

Interests in, or rights to, minerals, including but not limited to, oil, gas, or other hydro-
carbon substances; and

Reservation by patents to the Federal/State government.

All of the above circumstances shall be listed under the heading “Signature Omissions.”
Signature Omissions shall be placed on the Signature Sheet only. See example below.
SIGNATURE OMISSIONS
Pursuant to Section 66436 of the Subdivision Map Act, the signatures of the following
owners of easements and/or other interests have been omitted:
Easement in favor of Tim Jones for ingress and egress, per Inst. No. 15093, Rec. 11/05/64,
O.R.
Jonathan P. Smith, owner of mineral rights per Inst. No. 66053, Rec. 1/05/62, O.R.
Easement in favor of Eastern Skyways Electric Company for electric cables and incidental
purposes, per Inst. No. 99101, Rec. 9/03/27. Said company was absolved in 1930, and has not
been absorbed by another P.U.C., therefore the present owner is impossible to ascertain.
10% of all oil, gas, or mineral rights as reserved in Patent from the United States of America
to Harold Van Patton by Patent per Deed Book 123, Page 231, Rec. 1/03/32, O.R.
Interest in, or rights to, minerals and/or hydrocarbon substances shall be shown in the
Easement Notes.
Inclusion of easement(s) under Signature Omissions does not negate the need to list and plot
(if applicable) the easement(s) under Easement Notes on the first map sheet (see Section 1.5).
Riverside County Transportation Department, Survey Division Map Preparation Manual 5.0 Easements April 2010 5-5
The information in the Signature Omissions note(s) should closely reflect that shown in the
corresponding Easement Note(s).
5.4 NON-INTERFERENCE LETTERS (NILs)
The applicant shall provide, or cause to be provided, a Non-Interference letter for all
easements in favor of an existing Public Utility that is listed in the Preliminary Title Report
(PTR) and are located within the current map boundary. Do not assume the Title Company
will obtain the required NIL(s).
Said NIL shall indicate if the proposed subdivision development will interfere with the
existing facilities or not.
When a letter from a public utility indicates interference with an easement, the Survey
Division will contact both the surveyor/engineer and the utility company to determine if a
resolution to the interference is being worked out. If not, the Survey Division will forward
the objection to the Board of Supervisors pursuant to the Subdivision Map Act, Section
66436 (a)(3)(A)(v), which states “… the legislative body or advisory agency shall set the
matter for a public hearing …” The map will not be allowed to record until such interference
is removed/resolved and a release letter has been submitted to the County Surveyor.
When conditional interference is indicated (dependent upon future grading, construction,
etc.), the map may be recorded; however, the letter from the utility company will be filed
with the Land Use Section of the Transportation and Land Management Agency (TLMA).
If adequate evidence, per the Subdivision Map Act criteria, is submitted to the County,
showing the attempt to obtain the required NIL, and there is a lack of response from the
affected Public Utility Company, the map can record without the submittal of said NIL.
Riverside County Transportation Department, Survey Division Map Preparation Manual 5.0 Easements April 2010 5-6
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