Reciprocal Easement

As provided in Civil Code section 4095, a reciprocal easement can be considered “common area” in a planned development. An easement is considered a reciprocal easement if a group of owners have easements across each other’s property for a given purpose. A reciprocal easement would exist if a 30-foot wide road covered the front 15 feet of each owner’s property, and the road provided ingress and egress through an association across the other owners’ property. Another example would be a bridle trail or walking path that all owners have a right to use across the properties of their fellow owners. If a planned development must maintain or share in the cost of maintaining a reciprocal easement, then it can be considered common area in that association.

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