Lot A and Lot B in California were originally one parcel. When the owner divided the property and sold Lot B, the only sewer line serving Lot B runs under Lot A. No easement was mentioned in the deed. Under California law, what easement exists?
Correct Answer
D) An implied easement based on prior use at the time of subdivision
Under California law, an implied easement arises when a property is subdivided and a pre-existing, visible, and continuous use exists at the time of the division. Since the sewer line was already serving Lot B through Lot A before the subdivision, an easement by implication is created in favor of Lot B even though it was not expressly stated in the deed.
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