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A common example of a right-of-way easement is one where a landowner cannot access a public road without crossing the property of another landowner. In these situations, courts will usually find a right-of-way by necessity. This allows a party to cross another's land at the closest point to a public highway.
For a prescriptive easement to be created under Florida's common law, the follow elements must be met: The individual actually uses the land. The individual's use of the land is open and notorious, meaning it is not kept secret. The owner has actual knowledge of the individual's use.
An easement may be created in a number of ways. One is by express grant . In this case there may be a Deed of Grant that states the terms of the easement, or the grant may take the form of a clause in a conveyance deed or a transfer deed. An easement may be created of necessity.
The owner, or any person who by virtue of a real right may cultivate or use any immovable, which is surrounded by other immovables pertaining to other persons and without adequate outlet to a public highway, is entitled to demand a right of way through the neighboring estates, after payment of the proper indemnity Art
Cross Access means the construction of driveways within private property which interconnect the driveways of two (2) or more abutting nonresidential properties. Cross access provides motorists the ability to move between developments without using the roadway.