How can a buyer be assured of having such access? A buyer should always have the property being purchased surveyed prior to closing on that purchase. (All of the contracts created by the Florida Realtors® – the association of Florida real estate agents – and The Florida Bar – the association of Florida lawyers – have this requirement preprinted in them.) Therefore, buyers of homes and other land should always condition their purchase upon the property having ingress and egress to a public road, whether by virtue of the property adjoining a public road or by virtue of an easement connecting the property to a public road. The need for ingress and egress comes when a parcel of land does not adjoin a public, government-owned roadway, i.e., there is another property owned by another party between the subject parcel and the road. Often, easements are created for all of the preceding purposes – ingress, egress, utilities, and drainage – but often their most important purpose is for ingress and egress. In subdivisions, easements in the subdivision’s declaration of protective covenants are what provide homeowners with the rights to use the subdivision’s common areas – parks, clubhouses, pools, playgrounds, tennis courts, walking paths, horse trails, private roads, etc.
In addition to the benefit of these services, holders of easements do not have to pay real estate taxes on easements. With all of Florida being relatively low land, and having a substantial rainy season, drainage easements are also important for the control of water. Purchasing easement rights can be cheaper than purchasing title or ownership to the land itself. Utilities include electric power, telephone, cable television, internet, natural gas, water, wastewater, reclaimed water, and sewer services. Ingress and egress are terms for the easement right to travel to and from a property over the lands of another – they provide pedestrian and/or vehicular access. What are the purposes and benefits of easements?Įasements are used to provide non-owners with rights of ingress, egress, utilities, and drainage over a specific portion of another’s land. This interest in land is called an “easement.”Īn easement is the legal right of a non-owner to use a specific part of another person’s land for a specific purpose.ī. However, there is another very important interest in land, which, while it does not include ownership or title to the land, gives important rights. Most Realtors®, owners, and land managers know about the conveyance of title to property by deeds.
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