Basically, one portion of your land may be considered a public property under Rights of Way. Easements exist as negative and affirmative. For example, erect electrical posts. Negative easements are used to prevent an event or occurrence over an owned piece of land. How are Easements granted? Easements and Rights of Way are granted by one landowner to another.
This is executed in the form of a will, deed or contract. One of the best ways to encourage a neighbor to allow an easement is to offer compensation for their loss of sole property. Basically, an easement is the right to use the property of another.
Easements come in two types: gross easements and appurtenant easements. A gross easement is a right over use of your property held by a specific individual. Appurtenant easements are a right over use of your property for the benefit of adjoining lands. Gross easements give a right over use of your property to those adjoining lands no matter who owns them. Both are legal permissions attached to the deed of your property.
A right of way is an easement that allows another person to travel or pass through your land. An easement is a right where a third party can have a right to some part of the private property, but that does not give the whole right over the property. It still remains with the owner. The parts can be movable or immovable or both, and they can be issued by a public entity or private individual. An agreement is made between the owner and third party for acquiring the ownership of parts of a property for some purpose in exchange for a fee.
In this agreement, it is important to mention the purpose and parts of the property that are used along with the fees charged so that in case of any violation, the agreement can immediately be terminated.
There are types of easement rights that can be given on the basis of the purpose of use. They are:. Enzor v. Rasberry, So. Thus, if a landowner acquires another practicable means of ingress and egress, or if the landowner acquires an adjoining lot with a practicable means of ingress and egress, the easement implied by necessity will terminated.
Parham v. Reddick, So. An easement can also be terminated if the servient estate is sold to a bona fide purchaser without knowledge, actual or constructive, of the easement. Wise v. Quina, So. For this reason, it is very important for the easement holder to promptly record an express easement in the official public records in the county where the property is located so as to provide constructive knowledge to the world of the existence of the easement.
Sometimes disputes arise regarding the use of an easement. While an easement carries with it, by implication, the right to do what is reasonably necessary for the full enjoyment of the easement, the easement is restricted to the purposes for which it was granted.
Sinclair v. Clay Elec. Co-op, Inc. For example, in one case, the Florida Supreme Court held that an easement for drainage could not later be used for installation of large-scale irrigation equipment. Crutchfield v. Sebring Realty Co. Further, while the property owner whose property is subject to the easement retains the right to use the land in any manner not inconsistent with the easement, the property owner cannot unreasonably interfere with the rights of the easement holder.
For example, where an express easement provided for fifty feet wide access, the property owner could not install a wall over a portion of the easement, even though the easement holder still had twenty feet for access. See Diefenderfer v. Forest Park Springs, So. Where a dispute regarding an easement cannot be resolved, legal action can be brought to adjudicate the rights of the parties involved.
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