When you buy property in Florida, you expect full use of the land—and the ability to improve or enjoy it as you see fit. But if there’s an easement on your property, someone else may have the right to use part of it, too.
Easements are one of the most commonly misunderstood aspects of property law, and they can create real issues if not identified and understood before closing. Whether you’re buying, selling, or developing real estate, it’s essential to understand how easements work in Florida.
What Is an Easement?
An easement is a legal right that allows someone else to use a portion of your property for a specific purpose. This doesn’t mean they own the land—it just means they can access or use part of it, often indefinitely.
Types of Easements in Florida
- Utility Easements: Allow power companies, cable providers, and water/sewer utilities to access infrastructure on your land.
- Ingress/Egress Easements: Allow someone to pass through your land to access another property (common in landlocked parcels).
- Prescriptive Easements: Created when someone has openly and continuously used part of your land without your permission for a set number of years.
- Conservation Easements: Limit development to preserve natural resources—common in rural or waterfront areas.
- Private Easements: Created by agreement between property owners, such as shared driveways or beach access paths.
How Easements Are Created
Most easements are created one of three ways:
- By Deed or Agreement: The original owner grants use of part of the land to another party.
- By Necessity: A court may grant access to landlocked parcels if there’s no other access.
- By Prescription: Long-term use without permission for a set number of years may result in a court-granted easement.
How to Discover Easements Before Closing
- Title Search: A thorough title search should reveal recorded easements.
- Survey Review: A boundary survey may show utility lines or right-of-way markings. An ALTA Survey typically plots alleasements on the survey.
- Property Disclosure: Sellers in Florida are obligated to disclose known easements, but this isn’t always reliable.
- Municipal Records: Local governments may maintain easement data related to zoning and infrastructure.
The Risks of Overlooking Easements
- Development Restrictions: You may not be allowed to build on or over an easement area.
- Access Disputes: If another party believes they have access through your land, it may lead to litigation.
- Decreased Property Value: A property with significant easement encumbrances may be less desirable to buyers or lenders.
- Surprise Maintenance or Use: Utility companies have broad access rights and may perform work on your property with little notice.
Can Easements Be Removed?
Yes—but it’s not simple. Some easements expire after a certain number of years or specific conditions. Others can be terminated through:
- Agreement: Both parties sign a release
- Abandonment: If unused for a long time, some courts may terminate it
- Legal Action: You may sue to quiet title or clarify property rights
What About Unrecorded Easements?
Not all easements are on paper. “Easements by implication” or longstanding verbal agreements may still be enforceable. These are harder to detect and often lead to post-closing disputes.
Strang Tryson’s Take
Easement issues are preventable—with the right diligence. We review title and survey documents with a legal lens to spot red flags before they turn into lawsuits. If you’re buying, selling, or improving a property, understanding the rights of others over your land is crucial.
A thorough title review and closing procedure can mean the difference between building your dream home—or facing years of legal headache.
