Florida Amendment to Easement and Right of Way (To Specifiy Course of Pipeline/Road)
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FAQ
An easement grants certain people or entities a legal right to use someone else's land for a specific purpose. For example, a drainage easement allows outside entities access to a portion of someone's property to access drainage infrastructure or make repairs to prevent flooding.
Such an implied grant or easement in lands or estates exists where there is no other reasonable and practicable way of egress, or ingress and same is reasonably necessary for the beneficial use or enjoyment of the part granted or reserved.
Drainage § 298.66. Obstruction of public drainage canals, etc., prohibited; damages; penalties. (1) A person may not willfully, or otherwise, obstruct any public canal, drain, ditch or watercourse or damage or destroy any public drainage works constructed in or maintained by any district.
It's the government's duty to ensure drainage easement areas are properly maintained. However, they'll direct most of the maintenance responsibilities to the property owner. The easement holder will take charge of any construction and repair work needed in the area.
For a prescriptive easement to be created under Florida's common law, the follow elements must be met: The individual actually uses the land. The individual's use of the land is open and notorious, meaning it is not kept secret. The owner has actual knowledge of the individual's use.
A common example of a right-of-way easement is one where a landowner cannot access a public road without crossing the property of another landowner. In these situations, courts will usually find a right-of-way by necessity. This allows a party to cross another's land at the closest point to a public highway.
Often easements are in writing. 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.
Driveway ? Rights and Obligations to Repair The short answer is ? the owner of the easement is responsible for maintaining the easement.
