Easements s Right of Way Access Issues
Ocala Real Estate Attorney for Easements, Rights of Ways & Access Issues
When you purchase a piece of real estate in Ocala, one of the issues that you need to be aware of is access to your land. You require access to your land, but others may also have access to your land through easements and rights-of-ways. Disputes regarding access to land can result in costly and time-consuming litigation. Our Ocala real estate attorneys perform title examinations before real estate closings to identify any potential issues with easements or rights-of-ways. In addition, we represent parties who are currently engaged in a dispute regarding access to land.
If you are purchasing real estate in Florida or you have an issue with access to land, call our Ocala real estate law firm at (888) 316-2131 to consult with a real estate attorney.
What Happens When Someone Has an Easement on My Property?
When someone is granted an easement, they have access to the property within the easement. The easement does not transfer ownership or grant an ownership interest in the real property. Therefore, the person does not have the right to take the property from you. However, the person does have the right to use the property for the use specified in the easement.
Under Florida’s real estate laws, several different types of easements may provide access to real property. Some of the common types of easements include:
• Easement by Way of Necessity — This type of easement is used when a piece of property is landlocked, or access is a public policy necessity. Landlocked property does not have access to a public road. Therefore, the owners of the landlocked property may have an easement over neighboring property to get from the road to their property.
• Easement in Gross — An easement in gross allows a person or company to access property for a specific purpose, such as installing and maintaining utility lines.
• Easement Appurtenant — This type of easement is often used for commercial real estate. Property owners agree to use the land for a mutual use, such as a driveway or parking lot.
• Access Easements — Access easements may be used to allow people to cross property for access to something, such as public access to the beach.
• Easement by Prescription — If someone uses a piece of property for 20 or more years without the owner’s objection, an easement is granted.
• Solar Easement — An easement granted for access to solar energy devices.
You may grant an easement over your property through a deed or other written document. Easements should be very detailed to reduce the risk of a dispute. If possible, the exact measurements of the easement should be included in the document with the specific use of the easement outlined clearly.
Are Rights-of-Ways Different from Easements?
Rights-of-ways and easements are different in one very important way. An easement gives the grantee the right to use the property for a specific purpose. However, a right-of-way only allows a grantee to cross over another person’s property. Rights-of-ways do not allow you to use the property for any reason. Driveways and sidewalks are examples of rights-of-ways.
What are the Common Types of Disputes Related to Access to Property?
Because easements and rights-of-ways grant access to land, disputes between the parties as to the type of access and the use of the land can arise. Our Ocala real estate lawyer handles a variety of right-of-way and easement disputes including:
• Arguments over whether the easement or right-of-way is legal;
• The property owner restricting the access to a valid easement or right-of-way;
• A grantee overusing the easement or right-of-way;
• The purpose of the right-of-way or easement;
• One of the parties trying to transfer the right-of-way or easement;
• Disputes of the location or size of the easement or right-of-way;
• Using the right-of-way or easement for another purpose; and,
• Attempting to move the easement or right-of-way to a different location.
When disputes arise over access to land, the parties may be able to resolve the dispute with the help of an Ocala real estate attorney. In some cases, mediation can resolve the issue without the necessity of a court action. However, when a dispute cannot be settled through mediation and negotiation, a legal action may be required to settle the dispute. Our attorneys attempt to resolve access disputes in the most effective and efficient manner possible; however, we are also prepared to file a lawsuit and argue the matter in court if that is in the best interest of the client.
Call an Ocala Real Estate Lawyer for More Information
If you have a question about an easement or right-of-way, we can help. Our lawyer will research the records and applicable Florida real estate laws to advise you of your options for settling a dispute regarding access to property.
Call (888) 316-2131 to talk to an Ocala real estate lawyer.