Florida Nonexclusive Easement and Right of Way to Use Grantor's Private Road

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Multi-State
Control #:
US-OG-073
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Word; 
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This form grants the nonexclusive right to make use of the Grantors existing road.

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FAQ

An easement is the right to cross or use someone else's land for a specific purpose. The owner of the easement does not own the land, just the right to use it. The owner of the land may also use the area covered by the easement as long as they do not interfere unreasonably with the purpose of the easement.

§ 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.

Exclusive means that only one party or perhaps a limited number of parties can use that easement. Non-exclusive means that a number of different parties can use the easement. Non-exclusive can also mean that additional parties could be granted the right to use that same easement in the future.

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.

For individuals: All persons shown on the deed must sign the easement. You may need to add additional lines and notary blocks as needed depending upon the number of owners. All owners must sign in the presence of two witnesses and a notary must fully complete the acknowledgement form/notary block for each owner.

An easement and a right-of-way are very similar in that they both give access to another person's property. However, a right-of-way does not give you access to another person's property for ?use? of the property. A right-of-way only allows you to pass over another person's property.

An easement gives people or organizations the right to access and use your property in specific situations for a limited purpose. A right of way is a type of easement that establishes the freedom to use a pathway or road on another's property without conferring ownership. A right of way easement is very common.

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.

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Florida Nonexclusive Easement and Right of Way to Use Grantor's Private Road