Not all easements transfer with property sales

| Jun 5, 2019 | land use & zoning

Easements are important land use and property tools that allow individuals to use the land of others in permissible ways. For example, a Florida resident may have easement rights to cross their neighbor’s land to get to a shared road other property-based benefit. However, questions may come up when the neighbor whose property is affected by the easement sells their land to someone else.

In the above situation, the landowner who uses the easement may fear that they will lose their access to the property-based benefit if the land through which they cross is sold. If, however, the easement is attached to the land as an easement appurtenant, then it will run with the land and still be available to the users.

Not all easements are easements appurtenant. Some easements are considered private easements and these may only exist through the causal agreement of the parties. Casual, private easements may not run with the land, but over time they may be converted into easements appurtenant. When dealing with land use and easement questions on their own properties, readers of this blog are encouraged to get independent legal advice.

Easements can change the way that people use their land and the land of others. Some easements are recognized in the land recordings of their municipalities, while others are recognized as the personal agreements between neighbors. Establishing legal rights to use easements is an important part of protecting the effective and efficient use of land. Problems related to easements should be handled with the support of real estate and land use attorneys in Florida.