Florida Easement and Right of Way (For Roadway Allowing Access to Lands)
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FAQ
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.
Statutes of Limitation in Florida Injury to Person4 yrs. §95.11(3)(o)Fraud4 yrs. §95.11(3)(j)Injury to Personal Property4 yrs. §95.11(3)(h)Professional Malpractice2 yrs.; Medical: 2-4 yrs. §95.11(4)(a) and (b)Trespass4 yrs. §95.11(3)(g)5 more rows
Landlocked parcels are typically the result of subdivisions or the division of a larger parcel of land into smaller parcels, which are sold off individually. Owners of a landlocked property can obtain an easement, which grants the right to cross over neighboring land to access the public road.
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 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.
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.
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.
The Murphy Act provided for statutory forfeiture of lands for nonpayment of taxes. Tax certificates unredeemed as of June 9, 1939, were automatically converted to fee simple title in the name of the state. Most of the Murphy Act parcels have already been sold or are managed for conservation or other uses.
