Most types of easements are affirmative, meaning they allow someone else`s land to be used. Less common are negative easements, which typically involve gaining a person`s access to light or sight by limiting what can be done on a neighboring or neighboring property. Other methods of establishing easements include prescriptive use (the common and unfavourable use of someone else`s land), estoppel, custom, public trust, and sentencing. We provide an easy way to create a comprehensive easement agreement that covers all the relevant sections that each easement needs. The use of an easement must not unreasonably interfere with the property rights of the usable estate. It follows that the use of the easement must not unreasonably prejudice the rights of the owner of the easement. What constitutes “unreasonable interference” depends on the circumstances. For example, it may be reasonable to require the owner of the easement to close or lock barriers on the easement property, and it may be reasonable for the owner of the easement to be authorized to bulldoze or maintain an access road. Second, easements can be positive or negative.

A positive easement gives the easement holder the right to use someone else`s property in a certain way. A negative easement prevents the owner of a facilitated property from using his property in a certain way. However, negative easements are disadvantaged by law. Wahrendorff v. Moore, 93 So. 2d 720, 722 (Fla. 1957) (en banc) (“[T]he law favours the free use of immovable property and restrictions on its use are generally interpreted strictly.”); see also Kilgore v. Killearn Homes Ass`n, Inc., 676 So. 2d 4, 7 (Fla.

1st DCA 1996). If the dominant and servile goods belong to the same person, there is no need for servitude, and so it would end. If the owner sells one of the two parcels, the easement could be recreated. In some cases, if a land purchaser is not aware of an easement, the easement may end, even if the easement is required by the controlling property. In some jurisdictions, if the use is not hostile but there is actual or implied consent of the legal owner, the prescribed easement may become a regular or implied servitude rather than a prescribed easement and become immediately binding. An example of this is the Irish extended case of Lissadell House rights of way, which has been negotiated since 2010 and has extended individuals` long-standing consents to a public right of way. [14] [15] The limitation period can also be used to terminate an existing legal easement. For example, if a service holder (estate) were to erect a fence blocking a legal right of way, the dominant tenant would have to act to defend his rights of servitude during the legal period, otherwise the servitude could lose its legal force even if it remained a document of deed. Failure to use an easement that results in the loss of the easement is sometimes referred to as “non-users”. An easement is the granting of a property right without ownership that gives the easement holder permission to use someone else`s land.

There are different types of easements. When an easement is granted, there are two parcels of land, one of which serves as an official dwelling house that bears the load, and the other is the dominant dwelling house, which benefits from the grant of the easement and has permission to use the useful land in any way. In the United States, easements can be acquired (purchased) by the government using its power as a prominent estate in a conviction case in the courts. Note that in the United States, under the Fifth Amendment of the U.S. Constitution, property cannot simply be repossessed by the government unless the owner is compensated for the fair market value of what is taken. This applies regardless of whether the government acquires full ownership of the property (“title deed”) or a lesser property right, such as an easement. For example, utilities typically benefit from court-wide facilitation to access and maintain their existing infrastructure. An easement is an interest in land owned by another person, so the owner of the easement has a limited right to use or enjoy the other person`s property. Joint easements include access rights or the right to cross property (including easements for utilities or water transportation). “Contrary to the interest of the owner” usually means that the use of the easement was made without the permission or approval of the owner.

If the owner gives permission to enter or cross the property, the easement cannot be established by prescription and the owner may prohibit its use. However, if it can be shown that a permitted use has become “harmful”, a mandatory easement could eventually be established. “Contrary to the interest of the owner” also means that the easement restricts the owner`s use of the land used for the easement. The scope of an easement depends primarily on how it was created. The scope of an express servitude is defined by the deed or reservation that created it. Therefore, any dispute arising from the use by the holder of the easement will be resolved by interpreting the wording of the deed or reservation establishing the easement. BHB Development, Inc. v. Bonefish Yacht Club Homeowners Ass`n, Inc., 691 So. 2d 1174, 1176 (Fla.3d DCA 1997). An experienced real estate attorney can help you determine what valid easements exist on your property.

A lawyer can also assist you in negotiating an easement. Finally, a lawyer can represent you at all court hearings in the event that you are sued for an easement related to your property.