An easement allows one to use the property of another for certain specified reasons. Easements often cause legal conflicts because they can mean that the property owner must allow another onto their land. Here are some of the types of easements in existence.
The first type of easement is one that is created by an express written agreement between the two parties. You would find this agreement recorded in the county office, and it would usually run with the land and apply to future property owners.
Other easements may be created without the express written permission of the property owner. For example, one landowner may be completely blocked with no access to a road. An easement by necessity would allow them to use a neighboring landowner’s property for access to the road and back to their own property from the road.
In some cases, an easement may be inferred based on the following circumstances:
- An owner conveyed part of a property to another
- The two parts of land used to be part of one estate
- An easement is necessary for the new owner to have full use and enjoyment of their land
Finally, one can literally make their own easement by using land as if they had a legal right to it without any opposition from the owner. For example, if someone crossed over their neighbor’s land for many years, and they were never told not to, they may have established a prescriptive easement.
Contact a Miami Real Estate Attorney Today
Easements are a difficult subject matter, given the focus on an owner’s property rights. It can become more complicated if two property owners have a conflict about their specific rights to use property. Attorney Daniel Diaz can help if you have any legal issues relating to easements. Call us today at 786.256.3299 or contact us online to speak with an attorney.
