Easements What Are They?
In California, an easement is defined as a right granted to a person or entity to use a piece of property belonging to a separate individual or entity for a specific purpose. The most common types of easements in real estate are those that grant road or utility access, but the unique configuration of our community includes several other types. Easements are designed to continue indefinitely and, as written into our Community Covenants, an easement always continues when a property changes hands.
Understanding easements is a critical part of the process when renovation or landscape projects are planned in Niguel Shores. Have questions or need clarification? Start with us first! Contact Karen Decker, Architectural Man- ager, at kdecker@niguelshores.org or (949) 493-0122 x 3.
Niguel Shores Easements
There are five different types of easements in Niguel Shores. The type of easement depends upon the neighbor- hood (tract) and location of the lot within that neighborhood.
1. Standard Maintenance/Access Easement:
■ Found in Atlantic Garden, Shores Garden, and Villas tracts
■ The purpose of the easement is to allow an owner access to the side yard of the neighboring lot in order to service or maintain their zero lot line wall, and to allow for a drainage system that will collect and dispel water run-off from the zero lot line atrium
■ Access to the easement is made by sending written notification in advance to the owner of the property
2. Front Yard Landscape Maintenance Easement:
■ Found consistently in the Sea Terrace I and Sea Terrace II tracts (townhouse neighborhoods)
■ Found sporadically in the Atlantic Garden and Shores Garden tracts
■ These easements are recorded against the lot
■ The purpose of the easement is for the Association to maintain the landscape material and irrigation between the entry fence/gate and the street
■ Modifications to the easement are very limited and require a recorded covenant to reorder the location of the maintenance area
3. Front Yard Utility Easement:
■ Found in the Atlantic Garden and Shores Garden tracts
■ The purpose of the easement is to provide the Associa- tion with the ability to install and maintain utility lines for street lighting and irrigation lines
■ This easement cannot be modified or dissolved
4. Slope Easement:
■ Found in Broadmoor, Shores Garden, Custom, and Breakers Isle tracts
■ The slope is owned by the lot above and is an unbuild- able portion of that lot
■ The purpose of the easement is for the Association to maintain the landscape, irrigation, and drainage to ensure slope stability
■ This easement cannot be modified or dissolved with the exception of the portion of modifiable slope in the Breakers Isle tract
5. Reverse Easement:
■ Found in Broadmoor Homes tract
■ A 3’ strip located in the side yard
■ This strip belongs to the subject lot but is accessed through the neighboring lot
■ The purpose of the easement is for use by the lot where the easement can be accessed to plant, irrigate and install free-standing access gates only.
—Mike Stively
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