Fl Easement For Landlocked Property
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FAQ
Section 704.01(2) grants a landlocked property owner a statutory way of necessity to access his or her land through neighboring property for purposes of "public policy, convenience and necessity." Id. A person is entitled to a statutory way of necessity at any time property becomes landlocked.
§ 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.
Landlocked parcels are typically the result of subdivisions or the division of a larger parcel of land into smaller parcels, which are sold off individually. Owners of a landlocked property can obtain an easement, which grants the right to cross over neighboring land to access the public road.
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.
Easement By Necessity This is a court order that grants an owner access to their property through an easement. To win an easement by necessity filing, you must prove, usually with the help of a deed and title search, that your landlocked property and the neighboring property were at one time owned by the same person.