Florida Release of Right of Way/Easement
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How to fill out Release Of Right Of Way/Easement?
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FAQ
Drafting a Release Agreement If there is no longer any interest or use of the easement, the dominant property owner could sign a release that says it releases the servient property owner from the easement, which would release the property from being subject to an easement.
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.
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.
Generally, a width of 30 feet is fairly common.
Rights-of-ways and easements are different in one very important way. An easement gives the grantee the right to use the property for a specific purpose. However, a right-of-way only allows a grantee to cross over another person's property. Rights-of-ways do not allow you to use the property for any reason.
§ 704.01(1) (2021). Once created, the location of the easement cannot be changed without agreement. When an easement is blocked, the easement owner may pass over the adjoining land as far as is necessary to avoid the blockade.
An easement and a right-of-way are very similar in that they both give access to 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.
