In its most basic legal definition, an easement is the right of use over another party’s property. This use is permitted in several different situations under Florida law, and can be implemented by law or be formulated by agreement between the two parties. An example of an easement would be allowing one party access to land for the purpose of entering/exiting their own property.
As easements are directly concerned with land, under Florida law they are required to be in writing; there are known as express easements. However there are instances where easement can be implied. This notion can be applied by the courts to property if a) there was previously a vague or unclear written agreement, or b) there is a necessity for the easement, such as if there is no other manner in which one can access their property.
One thing to note is that easements are not completely permanent; for example they may be discontinued if an alternate route is constructed and thus makes the purpose of the easement unnecessary. Another important thing for landowners to be aware of is that when created, easements only apply to the specific purpose as expressed. Using the easement in any other manner than that which is outlined in the original agreement is not permitted. If there is a dispute regarding incorrect usage of a prearranged easement, legal action may be taken.
Regarding the party which uses the easement, if the agreed upon route is blocked than the individual may legally seek an alternate way in order to reach their destination, thus going further onto the property. If the route continues to be blocked, then the landowner can be ordered to remove said item(s). Those who hold the easements are in charge of the upkeep and maintenance of the access.
Easement disputes can also be related to property boundary lines, such as when a homeowner installs a new fence or wall which oversteps their own land and goes into a neighbor’s. In such cases, the items may be ordered to be removed or the individual may be charged.