Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > REAL ESTATE LAW > Other Real Estate Law Questions

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 02-21-2001, 08:33 PM
tater
Guest
 
Posts: n/a
Angry

I have a neighbor at the back line of a 3.2-acre BU-2 Florida property that granted an easement to the original purchaser of my property. The easement was suppossed to be removed when my predecessor sold the property 25 years ago, according to the neighbor. I was never notified of this when I bought the property 10 years ago, and the easement gives my long rectangular property more value as trucks etc. can enter and exit without backing up. I haven't used the easement for about five years trying to be sensitive to my elderly neighbor's concerns. Today he walks in and states that since I haven't opened the gate to use the easement in seven years (not five), Florida law allows him to deny me the use of the easement that is specifically spelled out in my deed! Is there any Florida law that places a time restriction on an otherwise unrestricted easement? Where would I go for research on general easement restrictions? Thanks!
  #2  
Old 02-21-2001, 09:34 PM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781
You need to have a Florida attorney review the deed and the easement and advise you accordingly. Some of the issues of your understanding may be incorrect.
  #3  
Old 02-22-2001, 07:54 AM
tater
Guest
 
Posts: n/a
thanks! If I can get my attorney off the golf course, I'm in to see him immediately!
  #4  
Old 02-22-2001, 10:44 AM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781
If not, meet him on the back nine.
  #5  
Old 03-04-2001, 06:59 PM
tater
Guest
 
Posts: n/a
Talking

just in case anyone else was interested in this thread, my attorney says that if the easement is spelled out in the deed, then my suddenly agitated neighbor can go pound sand. There is no Florida law stating any default time limits to an easement specifically spelled out and legally described in a deed. Also, I beat him out of $40 with an eagle on 17!
  #6  
Old 03-05-2001, 11:00 AM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Terrific just make sure he does not bill you for the $40 in his legal fees.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 12:33 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.