Miami Easement Agreements Attorney
As a business, you may be in a situation where you need to use someone else’s property or vice versa. An easement gives a legal right to use another’s property. Some easements already exist and do not require additional permission, while others are pursuant to an agreement. There are three primary types of easements:
- Express easements
- Implied easements
- By reservation when land is conveyed
In an easement agreement, the rights and remedies of each party would be clearly spelled out. One party may be paying another for the right to use part or all of their land, or the two parties may exchange other considerations. Here are some things that may be covered in an easement agreement:
- How much the easement costs (there must be some consideration for the agreement to be valid and binding)
- The purpose for which the easement may be used
- The consequences for breaching the easement agreement
- A dispute resolution mechanism between the two parties
An easement agreement is a contract for real estate. Because of the statute of frauds, there is no such thing as an oral real estate agreement. If you are granting or receiving an easement, it must be in writing. You should negotiate it with the other party. If you are receiving the easement, you would want to protect your continued ability to use the land. On the flip side, the property owner would make sure that they are compensated for the use of the land, and the right is limited based on the agreement.
Call a Miami Easement Agreements Lawyer
The rights and obligations of an easement agreement will be binding on you, perhaps even permanently. Call a Miami easement agreements lawyer, Daniel D. Diaz, PA, at 786-256-3299 or message us online, so we can help you negotiate an agreement or review the one that you have been given.
