Who owns an easement in Florida?

Stat. 704.01. 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.

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Right of Way Easement and Underground Conductor Agreement

Broward Florida Right of Way Easement and Underground Conductor Agreement

Name: Broward Florida Right of Way Easement and Underground Conductor Agreement
Brand: US Legal Forms
Rating: 4.88 (279 reviews)

Category:

Real Estate - Easements and Rights of Way

State:

Multi-State

County:

Broward

Control #:

US-EAS-29

Format:

Instant download

Description

This is a sample form for use in transactions involving easements, a Right of Way Easement and Underground Conductor Agreement. Provides for the right to enter land and place underground circuits or cables and pad mourn transformers. 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.

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FAQ

An easement is a right which the owner or occupier of certain land possesses, as such, for the beneficial enjoyment of that land, to do and continue to do something, or to prevent and continue to prevent something being done, in or upon, or in respect of, certain other land not his own.

There are several types of easements, including: utility easements. private easements. easements by necessity, and. prescriptive easements (acquired by someone's use of property).

Permanent Structures on Utility Easements Homeowners are typically not allowed to build a permanent structure where an easement runs, even though the land is legally theirs. This is because building that structure (such as a garage) may restrict the access rights of the utility to their equipment.

Stat. § 704.01. 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.

Building Fences on Easements Fences regularly get 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). A few utility companies state that, as a courtesy, they will do their best to reconstruct the fence.

You will also need to demonstrate that those benefiting from the right of way has agreed that they no longer have use for the right of way and agree to release the right. This would involve entering into a Deed of Release, to formally remove the right.

Negligence § 395 (2000). with easements where no express agreement exists remains uncertain and undeveloped. It is the long-established rule that the duty to improve or maintain an easement rests on the owner of the easement, the dominant estate. This principle has been fully accepted in Florida.

These easements are attached to the land itself and pass from one person's ownership to another automatically. An easement in gross benefits a person or entity and not a parcel of land. When the land that is subject to the easement is sold, the easement generally transfers with the land.

More info

Reviews may take 45 days or longer. Acceptable Use vs. Encroachment.Improvements on private property or within City right-of-way. Shall be included in the Contract Documents.

Broward Florida Right of Way Easement and Underground Conductor Agreement

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