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.
Florida General Right-of-Way Instrument
State:
Multi-State
Control #:
US-00497
Format:
Word;
Rich Text
Instant download
Description
This Easement for Right-of-Way is between the Grantor and Grantee for a non-exclusive right-of-way, servitude and easement for the purpose for the purpose as is described in the agreement over the property described in the agreement. This is a contract that can be used in all states.
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FAQ
The Florida Senate 177.041 Boundary survey and title opinion or property information report required. ?Every plat or replat of a subdivision submitted to the approving agency of the local governing body must be accompanied by: (1) A boundary survey of the platted lands.
An implied grant of way of necessity arises when one parcel of land needs the other for access ? meaning the owner cannot get to his or her land without crossing over the other parcel ? and the two parcels were previously part of a larger whole. When this is the case, a right-of-way is presumed by Florida law.
§ 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.
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.
The standard easement area for this project is 10 feet by 10 feet. This area provides adequate space to , maintain, repair and replace electric equipment. In some cases, the easement may be wider depending on the equipment necessary to . What does it mean if my property has an underground easement?
An easement can be extinguished if the easement holder releases the easement. This release can be done on the holder's own or as part of a deal with the owner of the servient tenement.
In the first footnote in Collom v. Holton, the court established that the dominant estate ? the person granted access to use an easement ? is responsible for maintaining the property's safety.
F.S. §704.01 provides for two distinct easements by way of necessity, an implied grant of necessity pursuant to subsection (1), which is, essentially, a codification of the implied way of necessity arising under common law when a common grantor conveys property in a manner that creates a ?landlocked? parcel of property ...