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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 35333
Experience:  16 years real estate, Realtor. Landlord 26 years
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Who maintains an easement, florida, no, i have an easement

Customer Question

who maintains an easement
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: florida
JA: Has any paperwork been filed?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: i have an easement running thru my property that i bought and seller did not disclose easement. title co did not find the easement. we ourselves have found the deeded easement from info from the neighbors. the easement goes to one home but there is approx 15 homes using this one easement. no one maintains it and my property looks very bad. can i charge these people a yearly fee to maintain this easement
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  Barrister replied 2 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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This can be spelled out in the actual easement, but if it is not then the default is the underlying property owner is responsible for maintaining the easement because is it considered a "burden on the land". They don't have to improve it, but they do have to maintain it in its current condition.

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With that said, if the easement is only for one home, you could legally refuse to allow anyone else to use that route and post it as private property.

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But you can't charge the easement owner any fee to use it because it is a property right.. The other people, yes, you could refuse to allow them to use it unless they contributed to its maintenance costs.

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thanks

Barrister

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