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#1
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| 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! |
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#2
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| 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. |
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#3
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| thanks! If I can get my attorney off the golf course, I'm in to see him immediately! |
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#4
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| If not, meet him on the back nine. |
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#5
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| 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! |
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#6
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| Terrific just make sure he does not bill you for the $40 in his legal fees. |
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