florida attorney who specializes in easement disputes

by Baron Hane 10 min read

Contact a Florida Real Estate Attorney If you have questions about easements or need assistance with other real estate issues, contact the Law Offices of Larry E. Bray, P.A. in Florida at 561-571-8970 to schedule a consultation. https://www.braylawoffices.com/florida-residential-property-short-sales/

Full Answer

What is an easement in Florida law?

Florida law also recognizes easements by prescription. To establish an easement by prescription, a claimant must satisfy a four prong test by proving that: He had actual, continuous, uninterrupted use of the claimed easement for 20 years; His use was adverse to that of the owner of the land and under claim of right either with the actual ...

Do you need a lawyer to get an easement?

Some of the common issues and disputes related to easements and rights-of-ways in Florida include: • Determining the exact location and boundaries of the right-of-way or easement; • Using the right-of-way for another purpose other than crossing the land; • Whether a legal easement or right-of-way was created.

Where can I get help with an easement in Florida?

When you are facing a dispute over an easement or boundary issue on or near your property, contact the experienced Real Estate attorneys at KALIS, KLEIMAN & WOLFE, the South Florida-based real estate law firm today at (954) 791-0477.

Who is liable for an easement issue?

Contact a Florida Real Estate Attorney for Help. If you believe your land is affected by an easement or an easement you benefit from has been challenged, contact a Florida real estate attorney of the Law Offices of Larry E. Bray, P.A. at 561-571-8970. Resources:

Who is responsible for maintaining an easement in Florida?

the owner of
Negligence § 395 (2000). with easements where no express agreement exists remains uncertain and undeveloped. It is the long-established rule that the duty to improve or maintain an easement rests on the owner of the easement, the dominant estate. This principle has been fully accepted in Florida.

What happens if you breach an easement?

In cases of a breach of an easement, similarly there may be serious consequences if a case goes to court and it finds against you. Even the building of a fence across someone's right of way could mean you have breached an easement and may be liable to pay compensation for rectification.

What are the easement laws in Florida?

The owner or tenant thereof, or anyone in their behalf, lawfully may use and maintain an easement for persons, vehicles, stock, franchised cable television service, and any utility service, including, but not limited to, water, wastewater, reclaimed water, natural gas, electricity, and telephone service, over, under, ...

Can an owner interfere with an easement?

There must be a substantial interference with the enjoyment of it. There is no actionable interference with a right of way if it can be substantially and practically exercised as conveniently after as before the occurrence of the alleged obstruction.

What are rights of easement?

An easement is a right to cross or otherwise use someone else's land for a specified purpose, for example, to: lay electricity or telephone cables. maintain water, drainage and gas supplies. walk or drive across the land to get access to other land.

What is private nuisance?

A private nuisance usually is caused by a person doing something on his own land, which he is lawfully entitled to do but which becomes a nuisance when the consequences of his act extend to the land of his neighbour by, for example, causing physical damage. A private nuisance is actionable in tort.

What does ingress/egress easement mean?

The most common type of easement is a roadway easement for ingress and egress to another parcel of property. In this case, ingress refers to having the right to enter a property, while egress refers to the right to exit a property.Sep 14, 2021

Who is liable for an accident on an easement?

If the easement does not involve a public utility company, therefore, the landowner will be liable. Otherwise, the utility company will be liable. However, if the granted party damages the property, he or she is legally obligated to restore it to its previous condition.Feb 1, 2021

Can you build a fence on an easement?

Building Fences on Easements

Fences regularly get built along or across easements. Homeowners who do this must expect the chance that their fence might be pulled down by a dominant estate (utility company, for example). A few utility companies state that, as a courtesy, they will do their best to reconstruct the fence.
Sep 19, 2021

What is actionable interference?

In bringing a claim for actionable interference the Claimant needs to show that there has been substantial interference with his/her right, and that, as a result his/her right cannot be 'substantially and practically exercised as conveniently' as before the interference. This test can be broken into a number of parts.Jan 22, 2018

What is the difference between a right of way and a right of access?

A public right of way, however, can only be a right of access. Another distinction is that a right of way has to be a specified route or path which is defined as leading in a line from point A to point B. Both points A and B must be public places (such as other public roads or pathways).

Can a Neighbour block a right of way?

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.Jun 26, 2020

What is an easement in Florida?

An easement is a nonpossessory interest in another person's property. In other words, an easement grants you the right to use the property for a specific purpose, but the easement does not transfer any ownership in the property to you. Several different types of easements maybe granted under Florida laws:

What to do when you have a dispute with a Florida real estate agent?

When you are facing a dispute regarding access to your property or access to an easement or right-of-way, you need an experienced Florida real estate lawyer to review the facts and circumstances in the case, conduct a title examination, and research relevant Florida laws to determine your options for resolving the dispute.

Why do property owners litigate access issues?

In many cases, property owners litigate these matters because they cannot settle the dispute between themselves. While some easement, right-of-way, and access issues will be settled in court, many of these matters can be handled through negotiation.

What is a real estate attorney in Daytona?

Our Daytona real estate attorneys are skilled negotiators who can work with you to discover a compromise that can save you time and money. However, if the other party refuses to negotiate in good faith, our lawyers are trained and aggressive litigators who are prepared to take the case to court if it is necessary to protect your property rights and best interests.

How to contact a real estate lawyer in Daytona?

Dealing with a dispute regarding access can be frustrating and time-consuming. We can help. Call (888) 316-2131 to speak with our Daytona real estate lawyer to discuss your real estate matter.

Can you use a right of way on 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. Rights -of-way are for travel purposes across the land, such as a driveway or a walkway. They do not allow you to use the land for any other reasons.

Is a rights of way similar to an easement?

Even though easements and rights-of-ways are similar, there are some very distinct differences that are important, especially when access disputes between property owners or third parties arise.

What is an easement in Florida?

An easement, in general, is a right to go onto someone else’s land without having any ownership interest in it.

What is the name of the land that has an easement?

The land that has the easement on it is called the servient estate while the land that benefits from the easement is known as the dominant estate. These easements are attached to the land itself and pass from one person’s ownership to another automatically. An easement in gross benefits a person or entity and not a parcel of land.

What are the two types of easements?

Types of Easements. Not all easements are exactly the same. 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. The land that has the easement on it is called the servient estate while the land ...

How are easements created?

How Easements Are Created. Landowners and other individuals create easements in a number of ways. An express easement is a formal way of creating this right and requires a written agreement. The contract must be signed by both parties involved and are usually recorded on the property deeds.

When does an easement transfer?

When the land that is subject to the easement is sold, the easement generally transfers with the land. However, when the individual or entity who benefits from the easement changes, it may not pass the easement to a new person.

Is the use of land open or notorious?

The individual’s use of the land is open and notorious, meaning it is not kept secret

Is a prescriptive easement a common law?

In Florida, prescriptive easements only exist under the common law and not by statute, unlike express or implied easements. For a prescriptive easement to be created under Florida’s common law, the follow elements must be met: The individual’s use of the land is open and notorious, meaning it is not kept secret.

Who is the attorney for easements in West Palm Beach?

Easements can be complicated, so it’s best to speak with a skilled West Palm Beach real estate attorney who can explain your particular legal situation. If you believe your land is affected by an easement or someone is challenging an easement you benefit from, contact the Law Offices of Larry E. Bray, P.A. today.

What is an easement in Florida?

Generally speaking, an easement is the right to enter someone else’s land despite not having an ownership interest in it.

What is an appurtenant in a land?

There is something called an easement appurtenant, which provides benefit to an adjoining piece of land, regardless of who owns the land. This easement is for the benefit of a specific parcel of land, and that means there must be dominant and servient tenements. The land that benefits from the easement is the dominant tenement while the servient tenement is the one who is burdened by it.

What are easements in gross?

These include water and sewer lines, power, and telephones. A property that is served by public utilities will have an easement in gross. Where these become complicated is when utilities are underground, for example, and you want to build a pool. Easements in gross typically cannot be assigned, sold, or inherited by the one benefitted.

What is boundary dispute?

One of the most common disputes with easements involve boundary line disputes when one of the parties wants to make improvements. Sometimes, a property owner will add a wall or fence or make some other type of modification that encroaches on the adjoining land, the owner may be told to remove the improvement or be required to pay the landowner for the easement.

What is a prescriptive easement?

The law also recognizes something called a prescriptive easement, which is when an individual uses someone else’s land for a certain amount of time. These are not covered by statute like other types of easements, and exist under common law. There are a number of certain conditions that must be met for a prescriptive easement, including that the individual has to have used the land continuously for at least 20 years and the use is limited to a defined route or area. Your Florida real estate attorney can explain all the other conditions that must be met.

How to create an easement?

An easement can be created through a number of different ways. The first is an express easement, which is a formal process that includes a written agreement. The agreement must be signed by both parties and typically recorded on the property deeds.

What is an easement?

The most common easement is a written easement which is very much like a deed where you layout the legal description and you layout the specifics of the easement. For instance the right to ingress and egress an automobile over this particular strip of land to enter and leave your property. The one thing really about the written easement is you make sure that the legal description is right because somebody’s going to have to carve out the legal description of the area over which the easement runs. You just can’t use the overall property description.

What is a prescriptive easement?

Now the most disputed type of easement is what we call a prescriptive easement, this is a situation where there has been no written agreement as to a easement, and sometimes it might be called an implied easement. Basically, what happens here is the law imputes an easement when certain conditions are met. When one party is actually using the property of another for a specific purpose. And that the use is continuous. It doesn’t go on for a year or two and then it stops and then maybe it picks up after three or four years. It’s a continuous ongoing thing. Now that doesn’t mean every day but it does mean regular and ongoing without any significant breaks in the pattern.

Can you rely solely on public records to determine if there are prescriptive easements?

If you’re buying a piece of land either out in the country or a commercial property in the city you can’t rely solely on the public records to determine if there are easements because obviously prescriptive easements are not going to be there. You can ask the seller to disclose in writing any prescriptive easements that he knows of or which might be claimed which might meet that general criteria. If you’re uncertain sometimes what you want to do is just ask the adjoining landowners.

What is an easement attorney?

An easement attorney should be well-schooled and experienced in the various easement laws in the State where they operate, and because these laws can be quite different from State to State and even from one county to another, hiring someone who knows the local layout, as far as easement laws, is pretty important. Those who run into various easement issues are sometimes surprised by the commonality and the wide spectrum of easement cases.

What is an easement?

An easement is a somewhat unique situation, but may be more common than many property owners realize. This is when someone besides the owner of a piece of land or property has some right over some portion of that property, either to use the land for a particular purpose, run the land, even live on a piece of the land. The specific details of various easements vary quite a bit and there is a near limitless number of possibilities. Easements are not always for individuals. More commonly it is for some government (local or federal), a business, or a utility company.

What to do if you allow someone to use land put in writing that it is not and easement?

If you allow one to use land put in writing that it is not and easement, the help of a lawyer to draw this up is recommended. Check property regularly to ensure it is not being used in such a way that may lead to an easement should it continue for whichever time frame local governments have specified. Give permission, which can seem counter-intuitive but which can establish that you are lending in a limited timeframe preventing an easement.