In Florida, easements are sometimes a major source of confusion and conflict between landowners. In some cases, people’s lack of understanding of easements, including their creation, implementation and interpretation, may spark real estate litigation. Here is a look at what legal issues to consider when dealing with these types of property rights.
Easements are property rights that give their holders interests in land owned by other individuals. In other words, the holders of easements can essentially use property that they do not possess or own. However, easement holders cannot occupy the property or exclude other people from it — that is, unless these other individuals interfere with their use of the land.
In some situations, a piece of property affected by an easement is reportedly burdened by the easement holder’s unreasonable use of it. If a court determines that this has indeed occurred, the landowner has multiple possible legal remedies. For instance, a court order could restrict the easement holder to a more appropriate use of his or her easement.
Other remedies in this type of real estate litigation may include monetary damages if the holder of the easement has exceeded his or her property rights and thus ends up negatively impacting the owner of the land affected by the easement. In some cases, the easement may be extinguished altogether. A real estate attorney can assess one’s unique case and provide the guidance needed to ultimately protect one’s property rights when dealing with the complex matter of easements in Florida.
Source: findlaw.com, “Easement Basics“, Accessed on May 2, 2018