Easements On Real Estate Investment Properties

One of the aspects of investing in real property in Florida that can come as a surprise to newcomers is easements. Easements are usage grants that apply to a small percentage of a person’s home or land – for example, a homeowner may grant an easement for the utility company to come onto the land, work with the equipment, and depart. While most easements are unproblematic, they can sometimes cause issues for the average investor.

Disputes Over Use Of Land Are Common

There are five main types of easements in Florida. They are:

• easements appurtenant (‘tied’ to one parcel or home, but usable by another – the most common example is a shared driveway);
• utility easements;
• easements in gross, which are granted to organizations rather than individual neighbors;
• easements by necessity, which are usually pathways off a landlocked parcel through another parcel; and
• prescriptive easements, which are created by “long term, continuous, and open” use of another person’s property.

In many cases, easements (with the exception of the prescriptive variety) cause few problems, but they are more likely to be problematic if they are unused or rarely used. Disputes over whether easements have or have not lapsed, or the extent of the land use allowed, are quite common in real estate transactions because the easement can affect the property’s value.

Treat Them As Appurtenances

If you are looking to invest in property in Florida, and you find a property with an easement on it, it should not be an immediate deal-breaker in most situations, but it is important to understand the potential ramifications. Easements are considered appurtenances in Florida law, meaning that they usually go with a parcel, so to speak – if one person sells the parcel to another, the second person will still usually be bound by the easement. Disclosure is imperative, particularly as a seller.

It is worth noting, in addition, that easements can be removed, but only in specific circumstances, and depending on the type. For example, an easement appurtenant can be removed if one owner acquires both parcels that use it. However, the procedure to remove an easement unilaterally is complex and time-consuming, and at the very least, one should work with an attorney to achieve that goal and protect your investment.

Contact A Tampa Real Estate Investment Attorney

Easements are commonly used to make certain tasks easier, but they can complicate real estate transactions significantly if not disclosed and handled properly. If you have questions about easements, a Tampa real estate investment attorney from the Seward Law Office may be able to help. Call our office today at 813-252-6789 to schedule a consultation.

Source:

loridabar.org/the-florida-bar-journal/prescriptive-easements-more-than-easements-by-adverse-possession/