Fl Easement For Sale

State:
Florida
Control #:
FL-EAS-4
Format:
Word; 
Rich Text
Instant download

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.


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.

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FAQ

An easement in gross benefits a person or entity and not a parcel of land. When the land that is subject to the easement is sold, the easement generally transfers with the land. However, when the individual or entity who benefits from the easement changes, it may not pass the easement to a new person.

A certificate of acknowledgement or proof, under the seal of the court or officer taking acknowledgements, should be attached to the easement deed presented for recording. Recording an easement deed will place the document in the public records, which will provide constructive notice of its existence.

§ 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.

(5) All conservation easements shall be recorded and indexed in the same manner as any other instrument affecting the title to real property.

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Fl Easement For Sale