What Is an Easement Appurtenant?
An easement appurtenant is a permanent right to use a portion of someone else's land for a specific purpose. It is tied to two properties: the dominant estate (the property that benefits from the easement) and the servient estate (the property that is burdened by the easement). The easement "runs with the land," meaning it transfers automatically to new owners when either property is sold.
The most common example is a shared driveway or access road where one property owner must cross a neighbor's land to reach a public road.
Florida Legal Context
Easements appurtenant in Florida are typically created by:
- Express grant — A written document (deed or easement agreement) recorded in the public records that specifically grants the easement.
- Reservation — A property owner sells part of their land but reserves an easement over the sold portion for continued access.
- Necessity — When a property is landlocked and has no other access to a public road, Florida courts can imply an easement by necessity.
- Prescription — Long-term, open use of another's land without permission for 20 years under Florida law can create a prescriptive easement.
Once created, an easement appurtenant is identified during a title search and listed as an exception on the title insurance policy. It is a permanent encumbrance on the servient estate.
Easement Appurtenant vs. Easement in Gross
- Easement appurtenant — Benefits a specific neighboring property. Transfers with both properties. Example: shared driveway between two lots.
- Easement in gross — Benefits a person or entity, not a specific property. Does not transfer with the land. Example: utility company easement for power lines.
Common Issues with Easements Appurtenant
- Scope disputes — The easement holder uses the easement beyond its intended purpose (e.g., an access easement used for parking or storage).
- Maintenance responsibility — Unless the easement agreement specifies, Florida law generally requires the dominant estate owner to maintain the easement area.
- Obstruction — The servient estate owner blocks or interferes with the easement, requiring a court order to restore access.
Related Terms
- Easement in Gross — Benefits a person, not a property
- Easement by Necessity — Implied when property is landlocked
- Encumbrance — Easements are a type of non-financial encumbrance
- Deed Restriction — Another type of land use limitation
Barnes Walker Easement Services
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Florida Law Reference
Fla. Stat. Ch. 704
Governs the creation, scope, and termination of easements in Florida, including easements by necessity and prescription.
Fla. Stat. Ch. 83, Part II
The Florida Residential Landlord and Tenant Act governs lease agreements, security deposits, maintenance obligations, and the eviction process.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC