Sample Easement Agreement Philippines


While the landowner, whose property is subject to easement, retains the right to use the land in a manner that is not inconsistent with the easement, he or she cannot unreasonably interfere with the rights of the owner of the easement. For example, if an express easement provided for fifty feet wide access, the landowner could not install a wall over part of the easement, even if the owner of the easement still had twenty feet to access it. See Diefenderfer v. Forest Park Springs, 599 Sun. 2d 1309, 1313 (Fla. 5th DCA 1992). There are different types of easements. First, easements can be appropriate or rudimentary. Easements are easements that benefit another property. Raw easements are easements that benefit a person. See Dunes of Seagrove Owners Ass`n, Inc.c.

Dunes of Seagrove Dev., Inc., 180 Sun.3d 1209, 1211 (Fla. 1. LOAC 2015) (« Florida recognizes gross easements that are mere personal interests on land not supported by a dominant estate. »). Third, easements can be explicit or implicit. An explicit easement can be created by signing a deed or reserve registered in the county`s public records. Explicit servitude can also be created through dedication and acceptance. Modern, Inc. v. Fla., No.

603-CV-718-ENT-31KRS, 2008 WL 239148, at *5 (M.D. Fla. January 28, 2008), aff`d, 308 F. App`x 330 (11th Cir. 2009). In all cases, explicit easements must be made in writing. Dupont vs. Whiteside, 721 Sun. 2d 1259, 1263 (Fla. 5. LOAC 1998).

Implicit servitudes out of necessity last only as long as necessary. Enzor vs. Rasberry, 648 Sun. 2d 788, 792–93 (Fla. 1st DCA 1994). Thus, if a landowner acquires another convenient means of entering and exiting, or if he acquires adjacent property with a convenient means of entry and exit, the necessarily associated easement ends. Parham v Reddick, 537 Sun. 2d 132, 135 (Fla. 1st DCA 1988). Easement agreements are governed by state law. Different states have different requirements as to whether and how servitude should be subjected.

In general, easements can be terminated in several ways: by fair confiscation, the expiration of the duration of an easement, unfavorable property, an agreement, the sale of tax acts, etc. An easement can also be terminated if the servile estate is sold to a bona fide buyer without the buyer knowing the servitude effectively or constructively. Sage v. Quina, 174 Sun. 2d 590, 593–94 (Fla. 1st DCA 1965). For this reason, it is very important that the holder of the servitude immediately registers an explicit servitude in the official public registers of the county where the property is located, in order to provide the world with constructive knowledge of the existence of the servitude. Easements are dispossessed shares in real estate.

In simpler terms, an easement is the right to use someone else`s property for specific purposes. Rights of way are easements that expressly grant the holder the right to travel on the property of others. Therefore, all rights of way are easements, but not all easements are rights of way. Second, easements are created by order when one party uses another party`s land continuously (1) continuously for twenty years, (2) use related to a limited and defined area of land, (3) either the owner had real knowledge of the use or the use was so open and known that such knowledge must be attributed to the owner, and (4) the use was harmful. Stackman v Pope, 28 Sun.3d 131, 133 (Fla. 5th LOAC 2010). If a dispute over an easement cannot be resolved, it may bring an action to rule on the rights of the parties involved. Types of actions that may be brought in court could include injunctions to require compliance with the easement or to remove obstacles or other measures relating to the easement, breach of contract for breach of express easements where damages may be available, a declaratory judgment on the existence or scope of an easement, or tacit title to existence or absence of servitude. The scope of an implied servitude by necessity is defined by what was required in the creation of the servitude. While an implied servitude by necessity may increase in scope over time to ensure the advantageous use and enjoyment of the dominant parcel, the servitude should be limited to what is necessary so as not to interfere with servile succession. Holloway v Gargano, 657 Sun.

2d 1231, 1232 (Fla.3d DCA 1995). The scope of a prescriptive easement, on the other hand, is defined by its use during the prescriptive period. 28A C.S.J. Servitudes § 194; see also Sunnybrook Groves, Inc.c. Hicks, 113 So. 2d 239, 241 (Fla. 2d DCA 1959). Like easements, the scope of a prescribed easement may change over time, but must be weighed against the burden on the servite estate. 28A C.J.S. Servitudes § 194.

A property easement agreement is a document used by the owner of a property, known as a grantor, to grant permission to another person known as the beneficiary to use that property, often for limited or specific purposes. This document is an easy way to grant temporary or long-term access to land without completely transferring ownership. For example, if neighbors share a driveway, but access to the main road is only possible through a portion of the driveway that belongs to one of the neighbors, they could create an easement to give their neighbor limited permission to use their portion of the driveway to enter the street. A property easement agreement creates clear and precise boundaries and sets out the purpose of the easement and any restrictions on its use. This is crucial to avoid future misunderstandings or disputes, especially since easements have often been in effect for a long time and can last long enough that the parties no longer remember the original terms of their agreement. This document works for all types of real estate, whether rural or urban, commercial or residential, as long as the person granting the easement is the owner of the property. Second, easements can be affirmative or negative. An affirmative easement gives the owner of the easement the right to use someone else`s land in a certain way. A negative easement prevents a landowner subject to easement from using their land in a certain way. However, negative servitudes are rejected by law. Wahrendorff v. Moore, 93 So.

2d 720, 722 (Fla. 1957) (in bench) (« [T]he law favours the free use of real property and restrictions on use are generally interpreted strictly. »; see also Kilgore v. Killearn Homes Ass`n, Inc., 676 Sun. 2d 4, 7 (Fla. 1st DCA 1996). A printable template for the easement agreement can be downloaded from the link below. Typically, utilities enter into these agreements as subsidy recipients to erect telephone poles above the grantor`s private property or to lay pipes underneath. If there are several owners and they want to regulate their right to use the common elements, they can sign a mutual servitude agreement. This type of contract is often applied to situations where the parties want to share a parking space or turn their property into a shopping mall. An easement agreement is a contract of law that defines the relationship between the parties in which one party (a beneficiary) can use the property of another party (a grantor) for a limited fee. The purpose of the document is to give the beneficiary a right of servitude, an authorization to use the property of which he is not the owner. Sometimes disputes arise about the use of an easement.

While an easement implicitly implies the right to do what is reasonably necessary to fully enjoy the servitude, the servitude is limited to the purposes for which it was granted. Sinclair v. Clay Elec. Co-op, Inc., 584 Sun. 2d 1065, 1066 (Fla. 5th DCA 1991). For example, the Florida Supreme Court ruled in one case that a drainage easement could not be used later for the installation of large-scale irrigation equipment. Crutchfield v. F.A. Sebring Realty Co., 69 Sun. 2d 328, 330 (Fla. 1954) (with the rule that « all easements, whether acquired by the user, expressly granted, dedicated or implicitly demonstrate, from the circumstances of a particular transaction, that the burden on service assets by a right of way cannot be increased to a greater extent than was reasonably necessary and contemplated at the time of the first acquisition »).

After entering the required information, the agreement will be printed and signed by both parties and then retained by both parties for the duration of the agreement and for a reasonable period thereafter. .