How do I establish an easement by prescription in Florida?

An easement by prescription creates a right in someone else’s land. There are certain requirements to create an easement by prescription in Florida. Florida laws automatically create an easement by prescription for Florida property owners when one owner has openly used and possessed another’s land for 20 years. However, if a person has a claim of title under a decree or judgment and there is no recorded document or has a claim of title and there is no recorded document or written instrument and they have occupied the property for 7 years and paid all taxes and any special improvement liens which may have been levied against the property by the State of Florida, the county or municipality, the trespasser is therefore entitled to the legal title and ownership of the property. An adverse possession must be considered actual, open, notorious, visible and uninterrupted and without the consent of the owner.  Under Florida Statutes, possession shall mean that the land has been cultivated, improved, enclosed or protected. Easements are also created by written instrument, by court order for necessity and by condemnation for public good.

Easement by prescription Florida law is complicated. You should consult with a Florida real estate attorney for advice. The attorney is an expert at Florida real estate laws and the creation of easements and preparing agreements. The attorney can answer all your questions and help you resolve any easement issues that may affect your land. An attorney can also represent you in court regarding any real estate matters affecting title and land ownership.