EASEMENTS: New Florida Statutes Resolved Doctrine Of Merger Issue

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Landlocked parcels of property can cause havoc for landowners. A landlocked parcel is a property that does not have direct contact to a public roadway by way of one of the property’s borders. One solution for a landlocked parcel is for the property owner bordering the public roadway to provide an easement for ingress, egress, and utilities. Issues can arise when easements are created for ingress and egress of land locked parcels. Up until now, common law has prevented an owner of contiguous property from creating easements for their benefit if they owned all the property involved in the easement. This is known as the Doctrine of Merger- When the owner of the property and the beneficiary of the easement are the same person or entity, the “titles” merge.

The Florida Legislature recently sought to address this by passing Florida Statute 704.09 which states “An owner of real property may create an easement, servitude, or other interest in the owner’s real property, notwithstanding that the owner owns all of the affected real property.” Additionally subsection two of the statute validates easements created prior to the passing of the statute “unless invalidated by a court on grounds other than unity of title.”

This is particularly beneficial in instances where a landowner is subdividing their property into smaller parcels, but they still own all the land. Under the prior law the easement could only be created at the time of transfer, meaning there would not be access until after the purchase and therefore limiting the market for potential buyers. With the newfound ability for landowners to create easements in advance of an anticipated sale, all parties have an opportunity to review the access limitations and obligations during the marketing of the property.

Contact the Attorneys at Barry Miller Law for your easement preparation needs.

Please note this article is for informational purposes only and should not be construed as legal advice. The facts and circumstances of each case, transaction, or matter can differ greatly. You should not use this information as a substitute for consulting with a licensed attorney. Barry L. Miller, P.A., and its attorneys, and staff, do not represent you unless you execute an engagement agreement with the Firm which confirms that representation.

Barry Miller Law is familiar with all aspects of real property law. If you, or someone you know, has legal questions concerning real estate, business or probate law, contact Barry Miller Law for assistance at 407-423-1700 or email us at info@BarryMillerLaw.com for a consultation.