Florida Easement In Gross

State:
Florida
Control #:
FL-EAS-1
Format:
Word; 
Rich Text
Instant download

Description

The Florida easement in gross is a legal document allowing a party (Grantee) to utilize another person's property (Grantor) for specific utility purposes, such as installing and maintaining water and sewer lines. This instrument establishes a perpetual non-exclusive easement, giving Grantee rights to enter the property for these activities without granting further easements unless consent is given. The document requires the legal description of the property and must be duly signed in the presence of witnesses and a notary public for proper validation. It protects the Grantee's rights against any obstructions that may hinder the installation or maintenance of facilities. This easement is also subject to mortgagee consent, ensuring any existing mortgages are subordinated to the easement rights. For attorneys assisting with real estate matters, this form ensures compliance with state regulations and protects clients' interests. Paralegals and legal assistants can use this document to draft and file necessary paperwork for utility easements effectively. Owners and their partners can benefit by understanding the implications of granting such rights, while associates can facilitate transactions related to property development or utility services.
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FAQ

An easement in gross is personal to the party that receives the benefit of easement. An example of an easement in gross is an easement to a utility company to run a power line across a burdened piece of property. The utility company is the benefited party and there isn't necessarily a benefited parcel of land.

My students tell me that there is a question on the state exam that says something like this: A sewer pipe easement is an easement in gross. You can remember this because sewers are gross.

An easement must be appurtenant to land and cannot exist in gross.

An easement in gross is personal to the party that receives the benefit of easement. An example of an easement in gross is an easement to a utility company to run a power line across a burdened piece of property. The utility company is the benefited party and there isn't necessarily a benefited parcel of land.

Related Content. An easement that arises when only one parcel of land is affected and is subservient to an easement without a dominant parcel of land benefiting from the easement.

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Florida Easement In Gross