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.
Utility Easement On Survey
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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Need to know whether your property is affected by a registered easement? Simply search for your property and turn on the 'easements' overlay to see (FOR FREE) whether a property is affected by an easement.
An express easement is expressed to be so by deed and in the case of registered land is referred to in the A Section of the Title Register for the dominant tenement (the land having the benefit of the easement) and in the C Section of the Title Register for the servient tenement (the land burdened by it).
The main difference between a servitude and right of way is that a servitude can cover more than just access. If the servitude is granted in writing then in theory it could cover almost any act carried out over the granter's land.
A legal easement must be registered against the dominant and servient land ("tenements"), if their titles are registered, to take effect. The benefit of legal easements pass automatically on the transfer of the dominant tenement or part of the dominant tenement.
If the easement is not registered it will exist as an equitable easement. In some circumstances an easement will only exist as an equitable right. An example being where a contract was entered into to grant an easement, but it was never completed.
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Also, this method will only map utilities on public rights of way or utility easements. An easement gives another person the right to use your land for a specific purpose.If you own a home in the suburbs, your home more than likely has a utility easement attached to it. The logic behind easements is to permit land access to the authorities for repair of general utilities like water, gas and sewage pipes. Even if you don't think so, you might have an easement on your property. The easement may be surface, sub-surface or overhead in nature. This comprehensive guide covers the various forms of easements, their creation, reversion, and termination. How can I tell where my easements are located? Utility easements are usually created at the time a plat for a new development is designed. Physical evidence shown on a current survey closes part of the gap.