Category:Utility easements

An easement is a benefit based in land ownership, other than the sharing of profits, that gives someone the right of use or enjoyment of another person's land for a special purpose not inconsistent with the general property rights of the owner. An easement cannot exist between two pieces of land owned by the same person (J.C. Vereen & Sons v. Houser, 167 So. 45, 47 [Fla. 1936]; 20 Florida Jurisprudence 2d Easements and Licenses in Real Property section 1 [2014]). A right-of-way, generally, is the right of a specific person or class of persons to use a route to travel over the land of another (Wyatt v. Parker, 128 So.2d 431 [Fla. 2d DCA 1961]; 20 Florida Jurisprudence 2d Easements and Licenses in Real Property section 9 [2014]). A common example of a right of way easement is one where a landowner cannot access a public road without crossing the property of another landowner. In these situations, courts will usually find a right of way by necessity. This allows a party to cross another's land at the closest point to a public highway. It is important to note, however, that where another route eventually emerges to the public highway, the common law right of way by necessity will be found to no longer exist. Furthermore, if a common law right of way ceases to exist, a statutory right of way may be found where land used for either a dwelling or agricultural, timber, or stock purposes is shut off from access to a road (Florida Statutes section 704.01 [2014]). In such cases, a court may determine whether compensation is due to the landowner (Florida Statutes section 704.04 [2014]).

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