What is an express easement?

| Nov 1, 2018 | land use & zoning

Easements can be confusing for Florida residents to understand. On the one hand, an easement does not give an easement holder a property interest in the land that they are allowed to use. On the other hand, however, it does not allow the actual land owner from barring the easement holder from entering onto the landowner’s property for limited and specific purpose.

Therefore, an easement is a right to use the property of another person for a specific purpose, such as accessing public land that is only reachable through a private party’s property. Easements may be express or implied, and this post will provide more information on what it means to hold the right to use an express easement.

An express easement is one that is created in writing, usually in the form of a bequest through a will or a deed. A landowner may include in the deed of their land an express term that allows their neighbors to use their property in a certain way, such as to reach their own land by way of an easement on the original landowner’s property. Express easements provide clear information on how the easements may be permissibly used and what types of conduct may be prohibited through the use of the easement.

Ambiguity in the creation of easements can lead to serious and costly property disputes. When choosing to permit an easement on one’s own property, a person can benefit from discussing their options with a land use attorney. Through such a consultation a property owner may be able to find effective ways to protect their property rights while supporting the needs of those who wish to use their land through easements.