An easement gives one party the right to go onto another party's property. That property may be owned by a private person, a business entity, or a group of owners. Utilities often get easements that allow them to run pipes or phone lines beneath private property. Easements may be obtained for access to another property, called "access and egress", use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. The easement is a real property interest, but separate from the legal title of the owner of the underlying land.
In the case of a driveway easement, it allows the person who is the beneficiary of the easement to cross the "servient" property. The land which receives the benefit of the easement is called the "dominant" property or estate. As an example, a driveway easement may be created by recording a deed that states that one neighbor owns the driveway to the halfway point, but has an easement or right of way to use the remainder; however, the adjoining home owns the other half of the driveway, with a right-of-way with respect to the portion the neighbor owns. This is one way to use a driveway easement. An easement may be claimed by prescription for the use of the driveway. This requires proof that your neighbor willingly abandoned his use of the driveway during the adverse period when you and your predecessor in title enjoyed the exclusive use of the driveway. Easements should describe the extent of the use, as well as the easement location and boundaries. For example, if an easement is created for the driveway for one house, the owner of the easement cannot turn his house into a hotel with many cars travelling over the easement if the easement was intended for use by a single family.
The Laws of Easement in Florida are regulations that govern the use and rights of properties involving easements, which provide certain rights and access to individuals or entities over someone else's land. These laws are designed to protect the rights of both the party granting the easement (the serving estate) and the party benefiting from the easement (the dominant estate). In Florida, there are different types of easements recognized by law, including: 1. Affirmative Easement: This type of easement grants a specific right to the dominant estate, allowing it to use the serving estate for a particular purpose, such as a driveway or shared access to a waterway. 2. Negative Easement: A negative easement restricts the serving estate owner from doing something on their property that may interfere with the rights of the dominant estate. For example, it may prevent the serving estate owner from obstructing views from the dominant estate. 3. Appurtenant Easement: An appurtenant easement is attached to a specific property and transfers with the property when it is sold or transferred. It benefits the owner of one property (dominant estate) and grants rights over another property (serving estate). 4. Easement in Gross: This type of easement is not attached to any particular property but benefits an individual or entity. It does not transfer with the property owner and remains with the holder regardless of property ownership changes. For instance, a utility easement granted to a power company. 5. Express Easement: An express easement is created through a written agreement or a recorded document, such as a deed or contract. It clearly outlines the rights and obligations of the parties involved in the easement. 6. Implied Easement: Implied easements are not explicitly stated in any written agreement but are inferred by the courts based on the actions or circumstances of the situation. For example, if a landlocked property historically used a neighboring property's driveway for access. 7. Prescriptive Easement: Prescriptive easements are acquired through continuous, uninterrupted, and open use of another person's property for a specific period, typically 20 years in Florida. If the use meets certain legal requirements, the claimant may acquire an easement rights without the need for a written agreement. It is important for property owners in Florida to understand the different types and laws governing easements to protect their rights and ensure compliance with legal requirements. Always consult with a qualified real estate attorney or professional for specific advice and guidance related to easements in Florida.
