Showing details of Easements on Final Maps

[kwilson]

When showing the location and description of easements on final tract and parcel maps we have been requested by a City to indicate what the restrictions are regarding the easement. For example, does the easement language restrict erecting a building on the easement area? In the past we have simply indicated the location of the easement and a general designation such as "20' wide easement for ingress, egress and utilities to benefit Parcel 1 per Doc. # XXXXXXX. or 10' Public Utility Easement per 15 MB 44. We never went into what the restrictions or uses of the easement were.

It seems that anything beyond this gets in to the area of interpretation of the purpose of the easement which appears to be outside the scope of land surveying especially when the language is ambiguous or can be construed in a variety of ways as to the purpose, use or restriction of the easement. Even if the city wanted an additional information page, all I could do is simply quote the wording of the easement on the face of the map.

What has been your experience in this regard?

[Warren Smith]

An easement is for stated purposes, and any use which is inconsistent with that can only be permitted by consent by all parties holding the dominant tenement.

For a map to indicate other than the location and purpose is not within the provisions of the Subdivision Map Act. Those fall within the scope of the Civil Code division relating to real property interests. It would come into play on a Site Plan for development.