What Is an Access Easement?
An access easement grants the right to travel across another person's property to reach a public road, waterway, utility connection, or the easement holder's own property. It is one of the most common types of easements in Florida, particularly in rural areas, waterfront communities, and older subdivisions where not every lot has direct road frontage.
How Access Easements Are Created
- Express grant — The most common method. The property owner signs a written easement agreement granting access across their land. The agreement is recorded in the public records.
- Plat dedication — The developer includes access easements on the subdivision plat when creating lots without direct road frontage.
- Necessity — When a property is landlocked, the court can create an access easement under Section 704.01, Florida Statutes.
- Prescription — If access has been used openly and without permission for 20 years, a prescriptive easement may be established.
- Implication — When the use is apparent, continuous, and reasonably necessary at the time the property is divided.
Access Easement Terms
A well-drafted access easement should specify:
- Location and width — The exact path of the easement, typically described by survey with specific measurements.
- Permitted use — Vehicular, pedestrian, utility, or all three.
- Maintenance responsibility — Who maintains the easement area (typically the dominant estate owner).
- Improvements — Whether the easement holder can pave, grade, or install drainage.
- Duration — Permanent or for a specific term.
Related Terms
- Easement Appurtenant — Most access easements are appurtenant
- Easement by Necessity — Court-created access for landlocked property
- Right of Way — Public access easement
- Encroachment — Using the easement beyond its scope
Barnes Walker Access Easement Services
Barnes Walker's attorneys draft, negotiate, and litigate access easement matters throughout Southwest Florida. Request a legal inquiry for assistance.
Florida Law Reference
Fla. Stat. Ch. 704
Governs the creation, scope, and termination of easements in Florida, including easements by necessity and prescription.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC