Florida Easement and Right of Way (For Electrical and Communication Lines and Faciliites)
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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.
Driveway ? Rights and Obligations to Repair The short answer is ? the owner of the easement is responsible for maintaining the easement.
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.
An express easement is created by title or deed in an official capacity, while an implied easement may be created by necessity or use. Implied easements often come into being when large tracts of land are divided up into smaller parcels for sale or separate use.
A utility company may apply for an easement to run power lines over your property or pipes under it. This easement also allows them to enter your property for the purposes of maintenance on these lines or pipes.
Homeowners are typically not allowed to build a permanent structure where an easement runs, even though the land is legally theirs. This is because building that structure (such as a garage) may restrict the access rights of the utility to their equipment.
Rights-of-ways and easements are different in one very important way. 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.
An owner of an easement can deliver an express written release to the owner of the Servient Estate and thereby terminate the easement. Fla. Jur. 2d Easements §59.