Easements and Rights of Way

Easements and Rights of Way

Sometimes, the government wants to use part of your land for a specific purpose that, they say, will not restrict your use of the land. In this case, they will apply for an easement. Typical examples of reasons for an easement are:

  • A utility company may apply for an easement to run power lines over your property or pipes under it. This easement also allows them to enter your property for the purposes of maintenance on these lines or pipes.
  • A governmental entity wants to use part of your property to park its vehicles, such as construction vehicles being used on a nearby project

In addition the government may want the right to cross your land to access public lands on the other side, or as a short cut. This is known as a right of way.

Pre-existing easements and rights of way are durable and come as a condition of the property when you purchased it. Therefore, you must respect them and utilize your property without restricting them. However, if the government seeks new easements or rights of way, these obviously affect your use of the land, and you deserve to be compensated.

If you notice government vehicles driving across or parking on your land, you should act right away. Since easements are often granted as a consequence of previous use, failure to do act immediately can be equivalent to giving the easement away, no matter how it may affect your property.

Similar to Severance Damages in the case of Partial Takings, compensation in cases of easements and rights of way are highly contingent on appraisals by qualified experts experienced with these types of cases. At the Florida Property Rights Law Firm, we have established connections with appraisers and engineers who can assess the easements being sought on your land and let you know what level of compensation you're entitled to. Contact us today for a free initial consultation.