Appurtenant Easements on Florida Property
Appurtenant easements on Florida property create permanent rights and obligations that affect both the benefited (dominant) and burdened (servient) parcels. Understanding how these easements are documented, used, and enforced is essential for Florida property owners and buyers.
Documentation and Discovery
Florida title examinations identify recorded appurtenant easements in the chain of title. The easement document should describe the easement area by metes and bounds or reference a recorded survey, state the permitted use, and identify the dominant and servient parcels. Unrecorded easements (by implication, necessity, or prescription) may not appear in the title search but are still legally valid and enforceable.
Rights and Limitations
The dominant owner has the right to use the easement for its stated purpose and to maintain the easement area. The servient owner retains ownership of the underlying land and can use it in any way that does not interfere with the easement. Florida courts balance these competing interests when disputes arise. Neither party can unilaterally relocate the easement; relocation requires mutual agreement or a court order under Florida common law.
Related Terms
Barnes Walker Real Estate
Barnes Walker resolves easement disputes and advises on property access rights throughout Southwest Florida. Contact our real estate team 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.
Fla. Stat. Ch. 83, Part II
The Florida Residential Landlord and Tenant Act governs lease agreements, security deposits, maintenance obligations, and the eviction process.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC