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LawTalk
LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 27889
Experience:  I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
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I purchased a piece of property on a river at the end of a

Customer Question

I purchased a piece of property on a river at the end of a private road. There is a boat ramp within my property lines and within a drawn easement that was constructed prior to me buying the lot. There is a Dedication of Right of Way Easement that provides access to our homes from the main road, "undivided interest in and to that certain roadway located upon the strip of land more particularly described hereafter, subject , however, to the express restriction, right and reservation that said parcel of land shall in perpetuity be used for street or road purposes for ingress and egress, by, for and in behalf of the parties of the second part. The easement refers to ingress and egress but does not address launching boats. Is the use of the boat ramp to launch boats legally prescribed.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  LawTalk replied 1 year ago.

Good morning,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. Please confirm that the boat launch, or at least the entry to that part of the launch above the water line is fully within the boundaries of the Right of Way Easement you referred to.
2. Do the driveways to the properties along the easement have driveways that connect to the roadway within the easement you describe?

Doug

Customer: replied 1 year ago.


yes to both

Expert:  LawTalk replied 1 year ago.

Good morning,

Thank you for confirming that information for me.

I empathize with the frustration that you must have relating to the use of your property via the easement in place, and the lack of privacy that is created by the easement and use of the easement to launch boats into the body of water adjacent to your property.

While the easement does not specify the reasons for the ingress and egress which might be allowed, nor does it limit those potential reasons, it follows that under the law, ingress and egress for any lawful reason will be upheld as authorized.

And because the boat ramp is part of the property controlled by the easement, ingress and egress for the use of the boat ramp will be legally determined to fall within the scope of the use of the easement by the parties entitled to the use of that easement.

So yes, under Florida law, the use of the boat ramp is inferred by the easement, and is subject to use, not publicly, but privately by the owners of the properties with easement rights, their guests, invitees and family members.

The easement and use of the boat ramp may not be licensed by anyone---such that an adjoining property owner could not legally sell a license to a member of the public to use the boat ramp and the easement. However, just a guest of an owner may lawfully use the easement to visit the home of that owner with the owner’s permission, so may that owner give their guest the right to use the easement for the launching of the guests boat.


I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.

You may reply back to me using the Reply to Expert link if you have additional questions.

Please understand that I have no control over the how the law impacts your particular situation. Kindly take a moment to rate my service to you based on the understanding of the law I provided.

Thank you,

Doug
LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 27889
Experience: I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
LawTalk and 5 other Real Estate Law Specialists are ready to help you
Expert:  LawTalk replied 1 year ago.

Thank you for your positive rating of my service. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should a future need ever arise. I am generally available at least 6 days a week, and often 7, and it would be my privilege to assist you again in the future.

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have, or simply ask for me by name in the first sentence of your new question:
http://www.justanswer.com/law/expert-lawtalk/

Thanks again.

Doug

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It would be tremendously appreciated.

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