Florida Consent To Encroachment - Into Easement

State:
Multi-State
Control #:
US-EAS-1
Format:
Word; 
Rich Text
Instant download

Description

This is a sample form for use in transactions involving easements, a Consent To Encroachment (Into Easement). Used when there exists an encroachment by house (or other) into said Easement, as illustrated by a survey. Easement Owner, admits to being aware of said Encroachment and consents thereto and represents that Easement Owner, will not require the removal of the house (or other type encroachment) and will not require the attached improvements to be removed.
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FAQ

§ 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.

Tennessee utility easement laws don't open the utility companies to use the property in any way they like. However, they can stipulate how the area in which they work can be developed. For instance, a property might have restrictions as to where trees can be planted to avoid damaging the utility line.

Drafting a Release Agreement If there is no longer any interest or use of the easement, the dominant property owner could sign a release that says it releases the servient property owner from the easement, which would release the property from being subject to an easement.

Driveway ? Rights and Obligations to Repair The short answer is ? the owner of the easement is responsible for maintaining the easement.

Fences are typically built between 2 and 8 inches from the line between properties. Some areas will allow the building of fences directly on the property line, but in this case, you'll have to cooperate with your neighbor and potentially share the cost of the fence.

Can You Build a Fence on an Easement? Yes, in most cases, you can build a fence on an easement. Fences are regularly built along or across easements. Homeowners who do this must expect the chance that their fence might be pulled down by a dominant estate (utility company, for example).

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.

You'll want to check if you're the easement user, known as the dominant property, or if you're the property owner who must allow your neighbor to use your property, known as the servient property. The servient property owner cannot block the use of the easement.

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Florida Consent To Encroachment - Into Easement