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California Forms of Pleading and Practice--Annotated
Copyright 2017, Matthew Bender & Company, Inc., a member of the LexisNexis Group.

20-240 California Forms of Pleading and Practice--Annotated 240.syn




Expert Practitioners, Judges, and the Matthew Bender Editorial Staff

Chapter Summary


This chapter discusses actions involving easements other than prescriptive easements, with a brief discussion of profits and licenses. It includes coverage of definitions, express easements, implied easements, easements by operation of law, the scope of an easement, relations between owners of various interests, transfers of easements, and termination of easements.

The chapter contains forms for use by the owner of an easement, such as a complaint to quiet title to an easement appurtenant, a complaint for injunctive relief and damages for interference with or obstruction of an easement, and a petition for appointment of an arbitrator to determine joint owners' proportional costs of maintaining a private right-of-way. It also provides a complaint to enforce an agreement between the owners regarding those costs.

The chapter also includes forms for use by the owner of property that is burdened by an easement (servient tenement), including a complaint to establish abandonment of an easement and to clear the encumbrance of the easement from the record title, and a complaint to quiet title to the servient tenement and for declaratory relief on the existence or scope of an easement.

California Forms of Pleading and Practice (Matthew Bender)provides detailed analysis of the law, plus timesaving forms, checklists, and research guides. It covers all aspects of procedure in civil actions and proceedings, from pleadings to appeal, including arbitration and mediation; complaints, answers, and demurrers; and discovery. It offers encyclopedic coverage of all civil practice areas, including business and commercial law; civil rights; real estate; and torts. It also covers attorney practice and ethics and features regular updates on all relevant California and federal legislation, administrative regulations and procedures, judicial decisions, and California Rules of Court.


Easements,Profits,Easement Appurtenant,Easement in Gross,License,Irrevocable License,Express Easements,Solar Easements,Conservation Easements,Easements by Covenant,Implied Easements,Easements by Operation of Law or Necessity,Right-of-Way Easements,Utility Service,Duty to Maintain Easement,Transfer of Easement,Termination of Easement


For discussion and forms for use in actions involving party walls and encroachments and other interference with the use of real property, see Chapter 11, Adjoining Landowners.

For discussion and forms related to prescriptive easements, see Chapter 13, Adverse Possession.

For discussion and forms for use in actions involving easements acquired by dedication to the public use, see Chapter 183, Dedication.

For discussion and forms for use in actions involving condemnation or inverse condemnation of easements, see Chapter 247, Eminent Domain.

For discussion and forms for use in actions involving the rights of surface and subsurface owners of land, see Chapter 363, Mining.

For discussion and forms for use in actions involving prescriptive water rights, see Chapter 575, Waters.


For transactional forms relating to easements and licenses, see California Legal Forms Transaction Guide (Matthew Bender), Chapter 28A, Easements and Licenses; and Chapter 36, Oil and Gas Rights and Leases.

For further discussion of easements and licenses, see California Real Estate Law and Practice (Matthew Bender), Chapter 343, Easements and Licenses; and Chapter 370, Quieting Title and Determining Adverse Claims.

For forms of interrogatories for use in actions involving a claim of property rights in an abandoned street, the existence of easements, and trespass on real property, see Bender's Forms of Discovery Interrogatories (Matthew Bender), Chapter 158, Real Property.

For general discussion of easements and licenses, see Powell on Real Property (Matthew Bender), Chapter 34, Easements and Licenses.
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