Mutual Easement

As provided in Civil Code section 4095, a mutual easement can be considered “common area” in a planned development. An easement is considered a mutual easement because multiple owners in an association have rights of use and enjoyment to property they don’t own, but they and their association must either maintain or must pay or contribute to the maintenance cost of that property. A mutual easement would exist if an association does not own a particular lot or parcel, but its owners have the rights to use it, such as a shared-use swimming pool owned by another association. A mutual easement would also exist, if a road provides ingress and egress for owners who live within one association that crosses someone else’s property outside the association. If a planned development must maintain or share in the cost of maintaining a mutual easement, then it can be considered common area in that association.

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