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Easement and Right of Way for Roadway Allowing Access to Lands

Palm Beach Florida Easement and Right of Way for Roadway Allowing Access to Lands

Name: Palm Beach Florida Easement and Right of Way for Roadway Allowing Access to Lands
Brand: US Legal Forms
Rating: 4.62 (259 reviews)

Category:

Real Estate - Easements and Rights of Way

State:

Multi-State

County:

Palm Beach

Control #:

US-OG-074

Format:

Instant download

Description

This form grants a third party the right to cross the Grantors lands to obtain access to lands which the third party holds under an oil and gas lease.

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There are also what are known as prescriptive easements, which come about when an individual uses another person's land a certain way for a certain amount of time. In Florida, prescriptive easements only exist under the common law and not by statute, unlike express or implied easements.

If a statutory-implied easement is located on land used to enclose a farm, grove, or livestock, the user of the easement may be required to maintain a gate or cattle guard anywhere a fence is interrupted by the easement (Florida Statutes section 704.02 2014).

Usually, the owner of the easement is responsible for maintenance (20 Florida Jurisprudence 2d Easements section 49 2014). The parties to an express easement may alter their responsibilities by agreement. The owner of an implied easement is responsible for its maintenance (Morrill v.

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.

The land that has the easement on it is called the servient estate while the land that benefits from the easement is known as the dominant estate. These easements are attached to the land itself and pass from one person's ownership to another automatically.

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.

While it's possible to build a fence on an easement, keep in mind that the utility company may take the fence down in order to use the easement. However, they will typically repair the fence as best as they can once their work is finished. You can also build pools and hot tubs on easements.

Who is responsible for maintaining an easement? Usually, the owner of the easement is responsible for maintenance (20 Florida Jurisprudence 2d Easements section 49 2014). The parties to an express easement may alter their responsibilities by agreement.

Utility Easements and Homeowners Every utility company, such as Florida Power & Light, are given legal easements on the land over or under which their lines run. They are only allowed to use the property to gain access to their equipment, such as powerlines or electrical poles or towers.

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.

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The most common example of a right-of-way would be a roadway. Allow for regulation of access, road and right-of-way widths, circulation patterns, and design speed. 2.Review criteria for use or occupation of LWDD right-of-way. A roadway which provides rear lot access to abutting properties. What is the difference between a Future Land Use Map and a Zoning Map? What types of uses are allowed on my property? Meet the criteria established in the Land Development Code. Initiated on road abandonment in the State of Florida. RIGHTOFWAY, SERVICE ROADS, AND CROSS ACCESS . The property line or from the roadway easement when adjacent to a sidewalk or a public rightof way.

Palm Beach Florida Easement and Right of Way for Roadway Allowing Access to Lands

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What is a prescriptive easement in Florida?

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Can you build a fence on an easement Florida?

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What is a Palm Beach easement?

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What restrictions apply to a Palm Beach easement?

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