Florida Easement and Right of Way (Nonexclusive, Permanent Use of Granter's Private Road) refers to a legal arrangement granting individuals or entities the nonexclusive and permanent right to use someone else's private road for specific purposes in the state of Florida. These easements and rights of way are established through a legal document, typically recorded in the county's land records, ensuring the enforceability and legitimacy of the granted rights. Within Florida, there are different types of easements and rights of way related to the nonexclusive and permanent use of a granter's private road. Some common variants include: 1. General Easement: This type of easement refers to a broad nonexclusive right of way granted to an individual or entity over the granter's private road. It allows the holder to access and traverse the private road for various purposes such as transportation, maintenance, or utility installation. 2. Utility Easement: Utility easements enable utility companies, such as water, electricity, or telecommunications providers, to access the granter's private road to install, maintain, and service utility lines and infrastructure. These easements ensure uninterrupted utility services to neighboring properties. 3. Pedestrian Easement: A pedestrian easement grants the nonexclusive right of way for pedestrians to use the granter's private road. This type of easement is usually established to provide safe walking paths or access to specific amenities, such as parks or recreational areas. 4. Recreational Easement: Recreational easements allow individuals or the public to use the granter's private road for recreational activities. These can include activities like biking, hiking, jogging, or other outdoor pursuits by obtaining a right of way for accessing nearby natural areas or scenic trails. 5. Agricultural Easement: Agricultural easements provide farmers or agricultural entities with the nonexclusive right to use the granter's private road for agricultural purposes. This allows them to transport goods, equipment, or livestock to and from their farms efficiently. It is essential to understand that the granted easements and rights of way should specify the permitted uses, restrictions, maintenance responsibilities, and any other relevant terms and conditions. This ensures clarity and avoids conflicts between the granter and the grantee regarding the usage and maintenance of the private road. Additionally, obtaining legal advice and conducting a thorough title search is crucial before entering into any easement or right of way agreements in Florida.
Florida Easement and Right of Way (Nonexclusive, Permanent Use of Grantor's Private Road)
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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
F.S. §704.01 provides for two distinct easements by way of necessity, an implied grant of necessity pursuant to subsection (1), which is, essentially, a codification of the implied way of necessity arising under common law when a common grantor conveys property in a manner that creates a ?landlocked? parcel of property ...
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.
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.
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.
A common example of a right-of-way easement is one where a landowner cannot access a public road without crossing the property of another landowner. In these situations, courts will usually find a right-of-way by necessity.
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.
