Florida Drainage Easement

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Multi-State
Control #:
US-OG-983
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Word; 
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Description

This form is for a drainage easement.
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FAQ

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.

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.

Although an easement can arise in a variety of ways, any easement can be extinguished by the easement's abandonment by the owner of the dominant estate.

Yes, in most cases, you can build a fence on an easement. Fences are regularly built along or across easements. Homeowners who do this must expect the chance that their fence might be pulled down by a dominant estate (utility company, for example).

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.

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.

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.

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Florida Drainage Easement