Appurtenant Easements in Florida
An appurtenant easement is an easement that benefits a specific parcel of land (the dominant estate) by granting its owner the right to use a portion of an adjacent parcel (the servient estate). Unlike easements in gross, appurtenant easements run with the land and bind all future owners.
Common Types in Florida
Florida properties frequently involve appurtenant easements for access (driveways across neighboring parcels to reach landlocked lots), drainage (directing stormwater across adjacent properties), utilities (running water, sewer, or electric lines through neighboring land), and beach access (providing inland properties with pathways to the shore). Each easement benefits the dominant estate and burdens the servient estate.
Creation and Duration
Appurtenant easements in Florida are created by express grant (recorded in the official records), implication (arising from the circumstances of a property division), necessity (when a parcel has no other access to a public road), or prescription (through continuous, open, and adverse use for the statutory period). Once established, an appurtenant easement continues indefinitely unless it is released, abandoned, or extinguished by merger of the dominant and servient estates.
Related Terms
Barnes Walker Real Estate
Barnes Walker handles easement disputes, creation, and enforcement for property owners throughout Southwest Florida. Contact us for easement guidance.
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