HomeMy WebLinkAboutItem No. 9 PPT 04-01-2026 Operations Committee - Easement Policy - Received 04-01-2026OC San Easement Policy
Presented by:
Lorenzo Tyner
Assistant General Manager
Operations Committee
April 1, 2026
Types of Easements
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Different Types of Easements in California Real Estate:
Expressed – use another’s property for a specific purpose, such as access or utilities (most common)
Prescriptive – acquired through open use of an owner’s land which is adverse to the owner’s rights, for a continuous and uninterrupted period
Implied – is a non-recorded, legal right to use another person’s property
By Necessity – created by law because the easement is indispensable to the reasonable use of nearby property – split parcel
In California, public easements are usually express easements documented in the property deed prior to ownership. The type of easement affects how it can be terminated and the uses permitted
under it.
Typical Easement Language
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Photos
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*The arrow indicates the path of easement
Phase 1:
As of February 2026, 916 land records were identified. As of today, that number has increased by 50 to 966; of these, 781 have been evaluated, and 185 remain in various stages of evaluation.
Tentative completion of Phase 1 is scheduled for June 2026.
Initial Easement Assessment
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Phase 2:
As part of Phase 1 efforts, we completed a survey analysis for project 7-69 in the cities of Orange and Tustin in December 2025. Additionally, we began a survey of residential properties
along our Concord Easement in Costa Mesa in March 2026.
Easement Evaluation – Surveys
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Sample Map by City
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Sample map of easement locations by city
OC San is in the process of developing more comprehensive policies and procedures to address easement encroachments and relinquishments.
The policies will:
Outline steps to identify and manage easement encroachments
Address situations where private or public structures, landscaping, or activities interfere with designated easement areas
Policy and Procedures
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Ensure that all stakeholders are informed and their rights are respected.
The goal is to create a transparent framework that:
Facilitates effective communication regarding easement-related concerns.
Safeguards the interests of the community.
Protects the integrity of public infrastructure.
Policy and Procedures
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Informational Item.
Recommendation
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