An easement is a right in the land of another. The right is often described as the right to use the land of another for a special purpose. An easement gives one party the right to go onto another party's property. An easement is a real property interest, but separate from the legal title of the owner of the underlying land. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Florida General Form for Deed Granting Easement
State:
Multi-State
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US-01176BG
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Word;
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How to fill out General Form For Deed Granting Easement?
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FAQ
Easements are usually conveyed in a deed or other written instrument that transfers to the grantee the use of the land but not title to the land. To reduce disputes, it is best to define the easement whenever possible, including the area and the purpose of the easement.
In Florida, Section 704.06, Florida Statutes, defines a ?Conservation Easement? as ?. . . a right or interest in real property which is appropriate to retaining land or water areas predominantly in their natural, scenic, open, agricultural, or wooded condition; retaining such areas as suitable habitat for fish, plants, ...
An express easement is created by title or deed in an official capacity, while an implied easement may be created by necessity or use. Implied easements often come into being when large tracts of land are divided up into smaller parcels for sale or separate use.
Utility easements and cable easements are types of easements that attach to a property and are often 15 to 20 feet wide and allow the utility companies to use your property for a particular use.
If a person uses another's real property for more than the time allowed by state laws on adverse possession (what's called the statute of limitation period), that person may be able to "derive an easement by prescription." In other words, you have a legal right to use the land.
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 ...
How are easements usually created? Usually, the title-holding landowner expressly grants an easement by means of a written agreement, deed, or deed reservation. 20 Fla.
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.