What Is an Easement in Real Estate? A Florida Agent’s Guide
If you’re preparing for a career in real estate or currently enrolled in pre-licensing education in Florida, one concept you’re almost guaranteed to encounter is the easement. Easements are legal rights that allow someone else to use a portion of a property owner’s land for a specific purpose—without owning it. They can be simple, like a utility company running power lines through a backyard, or more complex, like shared access to a private road.
Understanding what an easement is and how it affects property value, ownership rights, and transactions is essential for any real estate professional in Florida. In this article, we’ll explore the types of easements you’ll come across, how to find them, and how they can influence your clients' decisions in a real estate deal.
What Is a Property Easement?
A property easement is a non-possessory legal right that allows one party to use another party’s land for a specific use. It doesn’t transfer ownership, but it “runs with the land,” meaning it remains attached to the property even when ownership changes.
Easements are considered encumbrances—they don’t stop a sale from happening, but they do affect how the property can be used. For real estate agents, understanding easements helps you guide buyers and sellers through due diligence and prevent surprises at closing.
Easements are one of the key legal concepts covered in Florida’s pre-licensing real estate courses, as they directly impact property rights and transaction outcomes.
Common Types of Easements in Florida
As a Florida real estate agent, you’ll encounter several types of easements that can impact residential and commercial properties alike. Here are the most important to know:
Easement Appurtenant
This easement involves two properties: the dominant tenement (the one benefiting from the easement) and the servient tenement (the one burdened by it). A typical example is a shared driveway where one homeowner has the legal right to cross over their neighbor’s land to reach the street.
Easement in Gross
This does not benefit another piece of land, but rather a person or entity. Utility companies, for instance, often have easements in gross to access utility lines or install infrastructure.
Prescriptive Easement
These arise when someone has used part of another’s property in an open, continuous, and hostile manner over time—without permission. Though less common in Florida than in other states, it's still a concept worth knowing.
Conservation Easement
This is a voluntary legal agreement that limits land use to protect environmental resources. It can affect a property’s market value and future development potential.
Easement for Landlocked Property
If a parcel has no direct access to a public road, an easement may be granted to allow legal entry through neighboring land.
How to Find Easements on a Property
As a real estate agent, you don’t need to conduct legal research—but you must know how to find easements and explain them to clients. The most common sources include:
- Title search: A title company will usually uncover recorded easements as part of the standard closing process.
- County records: Public access through the clerk of court or property appraiser’s website may reveal utility easements or conservation agreements.
- Survey or plat maps: Visual indicators of right-of-way access, drainage easements, and utility corridors.
Let’s say your buyer is considering a waterfront lot. A title search reveals a public drainage easement that runs across the backyard. This could limit the buyer’s ability to build a pool or fence, and it's your role to ensure they understand the impact before moving forward.
Can a Property Owner Block or Remove an Easement?
One of the most frequently asked questions in this topic is: Can a property owner block an easement? The answer depends on the type of easement and whether it was legally recorded.
In most cases, a property owner cannot unilaterally block or revoke a legal easement, especially if it benefits another parcel or was created through a recorded agreement. Doing so could lead to a legal dispute or court-ordered enforcement.
Some easements, such as prescriptive easements, may be challenged or modified through legal action if the property owner can prove abandonment or unauthorized use. In the case of a conservation easement, removal usually requires legal proceedings and often state approval.
How Easements Affect Real Estate Transactions
For agents, understanding the impact of easements on real estate transactions is critical:
- Disclosure: Sellers are generally required to disclose known easements, especially if they limit property use.
- Valuation: Certain easements can decrease market value or deter buyers, particularly those that interfere with privacy, access, or future development.
- Financing: Lenders may have concerns about utility or access easements, especially on vacant or rural land.
- Title insurance: Title companies will typically exclude known easements from coverage unless specifically addressed.
By addressing these factors early in the process, you demonstrate professionalism and protect your client’s interests.
Example Scenario: Selling a Property with a Utility Easement
Imagine you’re representing a seller whose property includes a utility easement running underground across the front lawn. A buyer intends to add a circular driveway in that area. You collaborate with the title agent, obtain easement documentation, and help the buyer understand the limitations.
This proactive approach avoids surprises at closing and builds trust with both parties—an essential skill for real estate agents in Florida’s competitive market.
FAQs
What is a property easement?
A legal right that allows someone to use part of a property they do not own, for a specific purpose.
How do I find out if a property has an easement?
Check the title report, county land records, or a recent survey of the property.
Only in limited circumstances, typically through legal proceedings or mutual agreement.
Does an easement affect property value?
It can, depending on the type and location. Some reduce usable space or affect development plans.
Can a property be sold if it has an easement?
Yes. Easements don’t prevent a sale but should be disclosed and understood before closing.
Final Thoughts
Easements are more than just legal jargon—they're real-world issues that can significantly influence your clients' property decisions. As a real estate professional in Florida, being able to identify, explain, and navigate easements is an essential skill.
If you’re preparing for your licensing exam or want to deepen your legal knowledge, Florida Real Estate School (DBPR Approved Provider) offers comprehensive online courses that cover easements and many other core topics. Explore our pre-licensing and post-licensing courses and start building the expertise that sets successful agents apart.
