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

State:
Multi-State
County:
Broward
Control #:
US-OG-073
Format:
Word; 
Rich Text
Instant download

Description

This form grants the nonexclusive right to make use of the Grantors existing road.

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FAQ

A Any substantial interference with a right of way is a nuisance in common law. The owner of the right (known as the dominant owner) can apply to court for an injunction and damages if the landowner (or servient owner) blocks it.

There are several types of easements, including: utility easements. private easements. easements by necessity, and. prescriptive easements (acquired by someone's use of property).

Affirmative easements are the most common. They allow privileged use of land owned by others. Negative easements are more restrictive. They limit how land is used.

Some shared driveways exist completely on one property, and the easement grants the other property owner rights to use and possess the driveway to access his or her property.

Stat. § 704.01. 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 is a right which the owner or occupier of certain land possesses, as such, for the beneficial enjoyment of that land, to do and continue to do something, or to prevent and continue to prevent something being done, in or upon, or in respect of, certain other land not his own.

The difference is that, with an easement appurtenant, the dominant estate your neighbor, for example holds the right to the land. With an easement in gross, the users of the easement aren't estates, they're people like utility companies or services.

As such, the courts have largely limited the use of Negative Easements to a small list that includes Easements for air, the flow of an artificial stream, light, and for Subjacent or Lateral Support.

Permanent Structures on Utility Easements 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.

More info

Written assignment recorded in the Broward County, Florida, Public. Records,.

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