Purchasing a property in Florida is a complex process. Responsible buyers take considerable time with the inspection, ensuring the home or rental property is in good condition or needs only minor repairs. Thorough research and shopping will present the best options for real estate buyers and provide some competition-based leverage for negotiations.
Sometimes during this process, Floridians run across a list of property easements. Easements are legal arrangements that allow another party to use a portion of the property. Not all easements are detrimental to the property value, but buyers should familiarize themselves with the different types.
Different easements for different goals
Different easements serve different purposes. The types of general easements include:
- Express: Individuals establish express easements when transferring property via will or deed. Previous owners use express easements on land split into multiple parcels to preserve a communal or specific use.
- Implied: Implied easements are common in split real estate. These easements concern shared spaces like driveways or lakes that are essential to the enjoyment of the property.
- Prescriptive: Courts consider these easements when a person uses another’s land for a long enough time to trigger “adverse possession” laws. If a person uses a portion of land that is not theirs for seven years in Florida, they may gain an easement for the use.
- Conservation/preservation: These easements help the government preserve historical or naturally important parcels of land. These easements are voluntary between Florida officials and private owners. Certain conservation easements may grant a tax revenue for the parcel’s owner.
Easements are either positive or negative. Positive easements allow for a specific use, while negative easements prohibit a specific use.
Ask a lawyer about the easements against property
Those with questions about easements against a property they wish to purchase can bring their questions to an attorney familiar with Texas real estate law. An attorney can help review inspection reports and go over contracts.
