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View Full Version : Need advise in Florida


ab4306
03-30-2006, 02:06 AM
I purchased a vacant lot in Florida last year. I am in the process of trying to sell it and a prospective buyer was told by the neighbor who also bought their home last year that their driveway is an easement on my property. My deed mentions nothing about this but the neighbors deed does make reference to an easement. The title company does not want to get involved because we did not get a survey at the time of purchase. Do I have to honor this easement even though it was never filed on my deed? ps the neighbor has street frontage and would have alternate means of ingress and egress to their property.

elklaw
04-05-2006, 11:09 PM
I doubt their driveway is an easement. You should consult your property survey and if they are on your land, send them a cease and desist letter or you may have to file suit against them to remove the driveway at their expense. Easements, unless they are included in a deed to a common driveway, which is possible but is usually spelled out, are for situations for necessity unless prescribed by law (eg.utility) or necessity. I suggest consulting a local real estate attorney.

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