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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.

If an easement is granted from a freehold or leasehold estate it is capable of existing as a legal easement. Where land is registered, and an easement is granted by deed, it must be registered over both the land subject to and benefitting from the easement in order to operate at law.

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.

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.

An owner of an easement can deliver an express written release to the owner of the Servient Estate and thereby terminate the easement. Fla.

There are eight ways to terminate an easement: abandonment, merger, end of necessity, demolition, recording act, condemnation, adverse possession, and release.

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.

Generally, you cannot make any improvements in a drainage easement. That means no fences, sheds, walls, trails or buildings. You should avoid planting trees or much landscaping as well.

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.

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Palm Beach Florida Tenant's Consent (Pipeline Easement)

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