• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Easement

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

TINA DRAKE

Junior Member
What is the name of your state? Florida
I have twenty acres which is a parcel of property with a recorded appurtenat easement. When I tried to subdivide I was informed the owner were the easement runs has to rededicate the easement This is a different owner then the one that created the easement in 1930.He will not sign a new easement.The Hillsborough County government says the recorded easment was recorded on a warrenty deed . They require fee simple.They are treating this owner as though he was the dedicator of a subdivision.This easement was created to replace a existing road.Is there any advice to straighten this out with out financialley destroying ourselves.I have reviewed all the information and feel as though my property and the easemnt existed prior to the new subdiving rules. Which should grandfather the easemnt into my twenty. And require my twenty to go by the new guidelines.any help would be appreciated. Most important is there a leagal basis on the type of deed.
 


TINA DRAKE

Junior Member
warranty vs fee simple

[TINA DRAKE]What is the name of your state? Florida
I have twenty acres which is a parcel of property with a recorded appurtenat easement. When I tried to subdivide I was informed the owner were the easement runs has to rededicate the easement This is a different owner then the one that created the easement in 1930.He will not sign a new easement.The Hillsborough County government says the recorded easment was recorded on a warrenty deed . They require fee simple.They are treating this owner as though he was the dedicator of a subdivision.This easement was created to replace a existing road.Is there any advice to straighten this out with out financialley destroying ourselves.I have reviewed all the information and feel as though my property and the easemnt existed prior to the new subdiving rules. Which should grandfather the easemnt into my twenty. And require my twenty to go by the new guidelines.any help would be appreciated. Most important is there a leagal basis on the type of deed.[/
 

BelizeBreeze

Senior Member
TINA DRAKE said:
What is the name of your state? Florida
I have twenty acres which is a parcel of property with a recorded appurtenat easement. When I tried to subdivide I was informed the owner were the easement runs has to rededicate the easement This is a different owner then the one that created the easement in 1930.He will not sign a new easement.The Hillsborough County government says the recorded easment was recorded on a warrenty deed . They require fee simple.They are treating this owner as though he was the dedicator of a subdivision.This easement was created to replace a existing road.Is there any advice to straighten this out with out financialley destroying ourselves.I have reviewed all the information and feel as though my property and the easemnt existed prior to the new subdiving rules. Which should grandfather the easemnt into my twenty. And require my twenty to go by the new guidelines.any help would be appreciated. Most important is there a leagal basis on the type of deed.
You have two options:

1. don't sell or;
2. Buy the land containing the easement.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top