Florida Deed Granting Right of Way
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How to fill out Deed Granting Right Of Way?
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FAQ
Competing Easement Rights Sometimes homeowners want to understand if they can remove an easement from their property or can a property owner block an easement. If the intent is to prevent or obstruct the use of the easement, the answer is probably no.
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.
1. Right-of-way: The minimum right-of-way width for a private street shall be 25 feet, centered on the roadway, with a minimum 7.5 feet drainage and utility easement on each side. 2.
With an easement, a landowner, without sharing profits, has the right to use and enjoy another landowner's land. Easements are created either by a written contract or by implication in situations such as streets, parks, or alleyways.
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.
Often easements are in writing. Utility easements and cable easements are types of easements that attach to a property and are often 15 to 20 feet wide and allow the utility companies to use your property for a particular use.
Different jurisdiction may have different rules and regulation with regards to driveway easements. Generally, a width of 30 feet is fairly common.
An easement gives the grantee the right to use the property for a specific purpose. However, a right-of-way only allows a grantee to cross over another person's property. Rights-of-ways do not allow you to use the property for any reason. Driveways and sidewalks are examples of rights-of-ways.
