California, United States of America
The following excerpt is from Ghezeli v. First Am. Title Ins. Co., D061070 (Cal. App. 2013):
5. Ghezeli cites the policy's definition of "[e]asement" as "the right of someone else to use the Land for a special purpose" and similar dictionary and statutory definitions in arguing that "easements and conservation easements are different animals . . . ." However, an open space easement falls within the policy's definition of "easement," as it confers to the public the right to use or enjoy the natural character of the servient land. (Feduniak v. California Coastal Com. (2007) 148 Cal.App.4th 1346, 1353, fn. 1 [" 'An open-space easement is an instrument whereby the owner relinquishes to the public the right to construct improvements upon the land, effectively preserving for public use or enjoyment the natural or scenic character of the open-space land.' "].)
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