Miami Easement Dispute Lawyer | Florida Right-of-Way & Access Disputes 

Easement disputes are often access disputes: a blocked driveway, a gated road, a neighbor overusing a right-of-way, or disagreement over maintenance and improvements. The right remedy may require injunctive relief, careful review of deeds and plats, and a clear understanding of how the easement was created and used over time. Revah Law helps clients enforce, defend, and resolve easement disputes throughout South Florida.

Revah Law represents clients in Miami-Dade, Broward, and Palm Beach Counties, and throughout South Florida.

If you need help with this issue, contact Revah Law to discuss next steps and strategy.

Governing Florida Law

Easements and access disputes in Florida are addressed in Chapter 704, Florida Statutes and Florida common law.¹ Case law addressing prescriptive and implied easements is often central to resolving access disputes.²

Table of Contents

• Understanding Easements in Florida
• Types of Easements in Florida
• Common Easement Disputes
• How to Resolve Easement Disputes in Florida
• The Role of an Easement Dispute Attorney
• Terminating an Easement
• Frequently Asked Questions (FAQ)

Easements in Florida - What They Are and Why They Matter

An easement is a legal right to use another person’s property for a specific purpose. It is a non-possessory interest in land, meaning that the easement holder does not own the land, but has the right to use it. Easements are common in Florida and can affect a wide range of properties. If you are involved in an easement dispute, it is important to have an experienced Florida easement dispute lawyer on your side.

What is an Easement?

An easement is a legal right that allows one person to use another person’s land for a specific purpose. The person who holds the easement is known as the dominant estate, and the person who owns the land is known as the servient estate. Easements can be created for a variety of purposes, such as providing access to a landlocked property, allowing for the installation of utilities, or providing for a shared driveway. A Miami easement attorney can help you understand the specific terms of your easement and can advise you on your rights and obligations.

The Importance of Easements

Easements play a crucial role in real estate law. They allow for the orderly development of land and ensure that property owners have the access they need to their properties. Easements can also be used to protect natural resources and to provide for public access to beaches and other recreational areas. However, easements can also be a source of conflict between property owners. An experienced Florida easement dispute lawyer can help you resolve any disputes that may arise.

How Easements are Created

Easements can be created in several ways. They can be created by an express grant, which is a written agreement between the parties. They can also be created by implication, such as when an easement is necessary for the use of a property. Additionally, an easement can be created by prescription, which is similar to adverse possession. A Miami easement attorney can help you determine how your easement was created and can advise you on your rights and obligations.

Types of Easements (Express, Implied, Prescriptive, Utility)

There are several different types of easements that are recognized in Florida. The type of easement will determine the rights and obligations of the parties. An experienced Florida easement dispute lawyer can help you understand the specific type of easement that affects your property.

Express Easement

An express easement is created by a written agreement between the parties. This is the most common type of easement. An express easement should be in writing, signed by the parties, and recorded in the public records. The written agreement should clearly state the purpose of the easement, the location of the easement, and the rights and obligations of the parties.

Implied Easement

An implied easement is created by the circumstances surrounding a property. An implied easement is not in writing, but is implied by law. There are two types of implied easements in Florida: easements by necessity and easements by implication from prior use. An easement by necessity is created when a property is landlocked and needs access to a public road. An easement by implication from prior use is created when a property was once owned by a single person and a portion of the property was used for the benefit of another portion of the property.

Prescriptive Easement

A prescriptive easement is created by the continuous, open, and hostile use of another person’s property for a period of 20 years. A prescriptive easement is similar to adverse possession, but it only gives the user the right to use the property, not to own it. To establish a prescriptive easement, the user must prove that their use of the property was adverse, continuous, and uninterrupted for the 20-year period. A Miami easement attorney can help you determine if you have a claim for a prescriptive easement.

Conservation Easement

A conservation easement is a voluntary legal agreement between a landowner and a government agency or a conservation organization that permanently limits the use of the land in order to protect its conservation values. Conservation easements are used to protect natural resources, such as forests, wetlands, and wildlife habitat. They can also be used to protect historical and cultural sites.

Common Easement Disputes (Blocked Access, Overuse, Maintenance)

Easement disputes can arise from a variety of issues. These disputes can be complex and emotionally charged, which is why it is so important to have an experienced Florida easement dispute lawyer on your side.

Interference with an Easement

One of the most common types of easement disputes is interference with an easement. This occurs when the owner of the servient estate interferes with the easement holder’s right to use the easement. For example, the owner of the servient estate may build a fence or a wall that blocks the easement holder’s access to the easement. A Miami easement attorney can help you take legal action to have the interference removed.

Overuse or Misuse of an Easement

Another common type of easement dispute is the overuse or misuse of an easement. This occurs when the easement holder uses the easement for a purpose that is not permitted by the easement agreement. For example, if an easement is for residential access only, the easement holder cannot use it for commercial purposes. An experienced Florida easement dispute lawyer can help you resolve a dispute over the overuse or misuse of an easement.

Disputes over Maintenance and Repairs

Disputes can also arise over the maintenance and repair of an easement. The easement agreement should specify who is responsible for maintaining and repairing the easement. If the agreement is silent on this issue, the parties may have a dispute over who is responsible. A Miami easement attorney can help you negotiate a resolution to a dispute over maintenance and repairs.

Termination of an Easement

Disputes can also arise over the termination of an easement. An easement can be terminated in several ways, such as by an express agreement between the parties, by abandonment, or by merger of the dominant and servient estates. If there is a dispute over whether an easement has been terminated, a Florida easement dispute lawyer can help you resolve the issue.

How to Resolve Easement Disputes in Florida

There are several ways to resolve an easement dispute in Florida. The best method will depend on the specific facts and circumstances of your case. An experienced Florida easement dispute lawyer can help you evaluate your options and can develop a strategy that is tailored to your needs.

Negotiation

Negotiation is often the first and best way to resolve an easement dispute. This involves talking to the other party and trying to reach a mutually acceptable agreement. Negotiation can be a less costly and time-consuming alternative to litigation, and it can help preserve your relationship with the other party. A Miami easement attorney can help you negotiate with the other party and can draft a settlement agreement to formalize the terms of your agreement.

Mediation

Mediation is another option for resolving an easement dispute. Mediation involves a neutral third party who helps the parties reach a mutually acceptable agreement. The mediator does not make a decision, but rather facilitates the negotiation process. Mediation can be a good option if you and the other party are having difficulty communicating or if you have reached an impasse in your negotiations.

Litigation

If negotiation and mediation are not successful, you may need to file a lawsuit with the court. A lawsuit can be used to enforce your rights under an easement, to prevent the other party from interfering with your easement, or to have the easement terminated. A Florida easement dispute lawyer can represent you in court and can help you obtain a favorable outcome.

Quiet Title Action

A quiet title action can also be used to resolve an easement dispute. A quiet title action is a lawsuit that asks the court to determine the rights of the parties to a property and to extinguish any other claims. A quiet title action can be used to establish the existence of an easement, to determine the scope of an easement, or to have an easement terminated.

The Role of an Easement Dispute Attorney

Navigating an easement dispute can be legally complex and emotionally draining. A Florida easement dispute lawyer can provide you with the legal expertise, guidance, and representation you need to protect your property rights and achieve a favorable outcome.

Why You Need an Easement Dispute Attorney

An easement dispute can have significant consequences for your property rights. If the dispute is not resolved correctly, you could lose your right to use an easement or be forced to allow others to use your property. A Miami easement attorney can help you understand your rights and options and can take action to protect your interests.

How an Easement Dispute Attorney Can Help

An easement dispute attorney can provide a wide range of services, including reviewing your easement agreement to identify your rights and obligations, advising you on your legal options, negotiating with the other party to try to resolve the dispute, drafting and filing a lawsuit if necessary, representing you in court, and enforcing any judgment you may obtain.

What to Look for in an Easement Dispute Attorney

When choosing an easement dispute attorney, it is important to select a lawyer with experience in real estate litigation. Look for an attorney who is knowledgeable about Florida easement law and who has a proven track record of success in handling easement dispute cases. It is also important to choose an attorney who is a good communicator and who will keep you informed about the progress of your case.

Terminating an Easement

An easement can be terminated in several ways. Understanding the different methods of termination can help you determine if an easement on your property can be terminated. A Florida easement dispute lawyer can help you evaluate your options.

Express Release

An easement can be terminated by an express release from the easement holder. This is a written agreement in which the easement holder agrees to give up their rights under the easement. The release should be recorded in the public records to provide notice to the world.

Merger

An easement can be terminated by merger. Merger occurs when the dominant and servient estates come under the same ownership. When this happens, the easement is no longer necessary and is terminated.

Abandonment

An easement can be terminated by abandonment. Abandonment occurs when the easement holder demonstrates an intent to give up their rights under the easement. This can be shown by non-use of the easement combined with other actions that indicate an intent to abandon.

Prescription

An easement can be terminated by prescription. Prescription occurs when the owner of the servient estate uses the easement area in a way that is inconsistent with the easement for a period of 20 years. This is similar to adverse possession.

Expiration

An easement can be terminated by expiration. If the easement agreement specifies a term, the easement will terminate at the end of that term.

Necessity Ends

An easement by necessity can be terminated when the necessity ends. For example, if an easement by necessity was created to provide access to a landlocked property, and a new road is built that provides access to the property, the easement by necessity may be terminated.

Frequently Asked Questions (FAQ) about Florida Easement Disputes

1. What law governs easements and access disputes in Florida?

Florida recognizes common‑law easement doctrines and also provides statutory remedies in Chapter 704, Florida Statutes.¹ Easement disputes can involve express recorded easements, implied easements, easements by necessity, and prescriptive easements based on long-term use.

2. What is a prescriptive easement in Florida?

A prescriptive easement is an easement established through open, notorious, continuous, and adverse use over the statutory period. Florida Supreme Court decisions discuss the prescriptive framework and distinguish it from adverse possession (which is about title, not merely a right of use).²

3. What is an easement by necessity?

An easement by necessity is typically argued when a parcel is landlocked and requires access across another parcel. Florida case law addresses when a way of necessity can be recognized and the conditions required for such relief.³ Statutory and common-law “necessity” doctrines can differ based on facts and land use context.¹

4. Can a neighbor block a driveway or shared access route?

Whether a neighbor can block an access route depends on the existence and scope of any easement rights (recorded or implied) and the facts of historic use. If an easement exists, interference can support claims for injunctive relief and damages, and courts may examine the easement’s scope and reasonableness.

5. How are easement disputes proven?

Proof commonly includes recorded instruments, plat references, surveys, historic use evidence, and testimony. Florida appellate courts have described easements as interests in land and have addressed evidentiary standards in prescriptive easement disputes.⁴

6. Can easements be modified or terminated?

Easements can sometimes be terminated by agreement, merger of title, abandonment, or other doctrines. Florida law also recognizes that nonuse combined with adverse occupation can affect easement rights under certain circumstances.