Knowledgeable Florida Lawyers Advise Clients on Easement Matters

Miami-Dade firm outlines when one party has legal use of another’s property

While it might seem counterintuitive, people and businesses can have certain legal rights to land that belongs to someone else. Various types of implied and express easements exist, and whether you benefit from one or own a parcel that’s affected by one, it’s important to understand your rights and the easement’s impact on your property value. Norma Echarte & Associates in Miami has decades of experience delivering knowledgeable counsel regarding commercial and residential real estate to South Florida clients. If you need to investigate whether an easement is attached to a property, require a thorough analysis of easement terms or are looking to establish or remove an easement, our lawyers can help.

Thorough attorneys handle cases involving access, utility and other easements

Each situation where one person has or seeks partial use of someone else’s real estate is unique, but most easements fall into one of the following categories:

• Access — If someone is not able to reach his or her land without going onto another’s property, there is usually an implied easement for the path that causes the least disruption to the property owner. Should a question exist about whether documentation is necessary to secure your rights, we’ll assess the situation and advise you of the relevant legal standards.
• Utility — Occasionally, utility companies will have to access power lines, water sources or other equipment on property that belongs to a homeowner or business. Before you purchase land, our lawyers can review the property history and county records to determine if any utility easements have been formalized.
• Private — Adjoining landowners sometimes make agreements by which one is granted or sold the right to use part of the other’s property for a specific purpose. Whether the easement guarantees underground access for a sewer line, establishes a shared driveway or gives one neighbor the ability to use the other’s yard for recreation, we will review the title and easement documents so you have a full understanding of how your rights might be affected.
• Prescriptive — Sometimes referred to as “adverse possession,” someone who openly uses part of another’s land without the owner’s consent for a set period of time can establish an easement by prescription. In most cases, this requires a 20-year time frame, but someone who believes that they have a legal claim to the land and pays taxes on the property could gain legal title in seven years. If you believe that an individual or business is looking to obtain an easement in this way, you can stop them by removing them from the property or providing written authorization for them to use it.

Whatever circumstances exist in your easement matter, we’ll give you the information you need and work to safeguard your interests.

Contact an experienced South Florida lawyer to discuss an easement issue

Norma Echarte & Associates advises clients from the South Florida area and elsewhere on easements and legal matters pertaining to property rights. To discuss your situation with an accomplished easement attorney, please call 305-501-2844 or contact us online. Our office is in Miami.