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How are easements created in Florida?

On Behalf of | Jan 14, 2022 | Land Use |

Real estate easements allow a party to use a portion of another party’s land for a specific purpose. Real estate easements transfer with the ownership of the property as a run with the land. There are many reasons another party may need the use of another property, which is why there are multiple ways to create easements.


Easements by agreement are when another owner needs to use part of a neighboring property. An example of a land-use agreement is two property owners sharing a road through their property. Two owners can agree to share the costs of maintaining a road that runs through both properties. The easement would allow unrestricted access for the owner who needs to drive through the other property.


Easement by conveyance is a similar land-use action as an agreement. A conveyance easement is usually with a deed by necessity. An example is a person selling 20 acres of their 40-acre farm, but the back 20 acres don’t have access to the main highway. When selling the land, the owner can add language in the deed that gives the new owners access to a road through their lot.


Easements by necessity are closely related to easements of conveyance. An example is a property without access to a highway because neighbors block a shared road. Most states give property owners the right to road access. The court could give the property without a road unrestricted access to neighboring property roads.

Condemnation and prescription

A condemnation is where the government takes a portion of the owner’s land under eminent domain. Government projects include new border walls and new highways. A prescription easement is a smaller section of another property. An example is creating a driveway through one property to get to the other.

Easements happen in many different ways and for many reasons. Sometimes, if neighbors are uncooperative, the courts can issue easements. The length of time a person can use another person’s property depends on the state.