An aspect of property ownership that can understandably be confusing in Florida is how to handle easements. Two kinds of easements exist: implied and express. Whether a person has an implied or express easement, this means that he or she has a non-possessory, legally binding interest in the property of another individual. However, a lack of understanding of, or conflict involving, easements can easily lead to real estate litigation.

Here is an example of how an easement works: Perhaps people can get to a public beach only by going across somebody’s private property — for example, a driveway. In this situation, the property owner’s neighbors can legally trespass on the property to reach the beach. However, this must be done in a limited manner that is non-disruptive and non-possessory to the owner of the property.

Express easements are created by wills or deeds. Therefore, they have to exist in writing. Meanwhile, implied easements exist when there are no written agreements or documents mentioning them. These kinds of easements generally apply to land parcels that were previously part of a bigger land parcel — for example, a lot spanning three acres that is divided into six parcels.

As a general rule of thumb, an easement is an excellent tool for accessing an area that would require encroachment otherwise. However, real estate litigation may result from easement conflicts that property owners and those who want to pass on their property cannot resolve on their own. A real estate attorney can provide either of these parties with the guidance they need to ensure that their easement-related rights are protected in Florida.