Florida Easement and Right of Way (For Electrical Transmission Lines - Short Form)
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FAQ
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.
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.
The Transmission Line Siting Act (TLSA), ss. 403.52-. 5365, F.S., is the states' centralized process for licensing electrical transmission lines which are 230 kV or larger; cross a county line; and, are 15 miles or longer.
There are two broad categories of easements: easement appurtenant and easement in gross. An easement appurtenant benefits one parcel of land to the detriment of another parcel of land.
Specifically, §704.01 provides as follows: (1) Implied Grant of Way of Necessity. The common-law rule of an implied grant of a way of necessity is hereby recognized, specifically adopted, and clarified.
Prescriptive easements have significant implications for property owners in Florida. A prescriptive easement allows someone else to use the property that the property owner would likely not want on the property. The existence of a prescriptive easement can affect the value of one's property.
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.
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.