An easement gives one party the right to go onto another party's property. That property may be owned by a private person, a business entity, or a group of owners. Utilities often get easements that allow them to run pipes or phone lines beneath private property. Easements may be obtained for access to another property, called "access and egress", use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. The easement is a real property interest, but separate from the legal title of the owner of the underlying land.
Fl Easement For Fence
State:
Florida
Control #:
FL-EAS-4
Format:
Word;
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Description
Easement granted for public utilities. An easement in, to, and across lands for the purpose of maintaining public utilities, together with the right of ingress and egress for such purposes.
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FAQ
It also requires both to share the costs of repair and maintenance. In Florida, that law does not apply. There is no law that compels both neighbors to pay for a fence on the boundary line between them. The only time this applies is if the plan was discussed and agreed upon by both parties ahead of time.
§ 704.01(1) (2021). Once created, the location of the easement cannot be changed without agreement. When an easement is blocked, the easement owner may pass over the adjoining land as far as is necessary to avoid the blockade.
The termination of an easement that occurs when the person or entity who holds the easement acquires title to the servient tenement or when the same person attains ownership of both the dominant tenement and the servient tenement.
Yes, in most cases, you can build a fence on an easement. Fences are regularly built along or across easements. Homeowners who do this must expect the chance that their fence might be pulled down by a dominant estate (utility company, for example).
It is prohibited to construct or a fence or wall upon a drainage or street right-of-way, nor shall a fence or wall preclude access to the drainage or street right-of-way. § 170.118 EXEMPTIONS. Any property owner required by Fla. Stat.