Florida’s real estate market is full of opportunities for homeowners and investors. Whether selling a family home in Tampa or buying commercial property elsewhere, you’ll likely encounter easements.
An easement gives someone the right to use part of another person’s property for a specific purpose. Understanding easements and the causes of problems can help you avoid disputes. Here are three common issues.
Not being clear on easement terms
Problems often start when easement terms are unclear. Without detailed written agreements, property owners and easement holders may misunderstand their rights.
For example, a utility easement might not say how often the company can enter the property or what maintenance they can do. This can lead to conflicts when one party feels the other is overstepping. To avoid this, always write out easement terms in detail.
Disputes over who’s in charge of maintenance
Who should mow the grass on a shared driveway? Who fixes a fence along a right-of-way? When agreements don’t assign these tasks clearly, both parties might ignore them. This can lead to neglect and safety issues.
Sometimes, one party does the work and expects the other to pay, causing more tension. Clear maintenance agreements can prevent these problems from becoming legal battles.
Overuse or misuse of the area
People grant easements for specific reasons, but sometimes, the easement holder pushes the limits. A neighbor with a right-of-way to access their property might start using it for parking or a utility company might add more equipment than initially agreed.
These actions can upset property owners who feel others are taking advantage. Easement holders should stick to the agreed terms, and property owners should watch for unauthorized use.
How easement issues affect you
As a seller or investor, easement issues aren’t just legal technicalities. They can really affect your property. If you’re selling, unknown easements might surprise potential buyers during their research. This could make them hesitant to buy or offer less money.
If you’re dealing with easement issues, consider talking to a real estate lawyer. They can help you understand your rights and options.