California Real Estate Practice Exam

Regarding easements, which of the following is NOT correct?

1. A lessee can give an easement for the duration of a lease to a third party

2. Deeds granting unlocated easements are invalid

3. Easements can be created by dedication

4. Easements can be created by reservation

The correct answer is: A lessee can give an easement for the duration of a lease to a third party

The assertion that a lessee can grant an easement for the duration of a lease to a third party is not correct because a lessee typically does not hold the authority to grant an easement that binds the lessor's estate. An easement is a right to use another's land for a specific purpose, and only the property owner (the lessor) has the legal standing to create such rights over the property. The lease agreement may provide rights to the lessee for their own use, but these rights do not extend to easement privileges for third parties unless explicitly stated and allowed within the lease terms. In contrast, the concept that deeds granting unlocated easements are invalid is accurate because easements must clearly define the location to be enforceable; without this specification, they can lead to ambiguity and disputes. The possibility of easements by dedication is also a valid concept, as land can be dedicated for public use through a formal act or intention. Lastly, easements can indeed be created by reservation, where the property owner reserves certain rights when transferring property. This differentiation highlights the legal nuances concerning who can grant easements, conditions surrounding their existence, and methods of creation.