In a typical suburban neighborhood, homeowners have easy access to their property through the use of public roads. However, not all Florida property works this way. In some cases, owners are essentially landlocked and need to use neighboring property to get to and from their homes or businesses. If you suddenly discover that your neighbor is building a fence or other obstruction that prevents you from accessing your own property, it’s time to exercise your legal rights.
In many cases, easements are included in the paperwork connected to the purchase of landlocked property. However, even without any documents, Florida law recognizes a statutory way of necessity, which creates an automatic easement to permit the use of neighboring property by anyone who needs it, including the following:
This is not to say that neighbors cannot build fences. However, they must permit a gate or other method of entrance and exit when a contractual or statutory easement exists. Florida real estate lawyers can help protect your rights in cases like these. In fact, they can also advise you of the legal actions you need to take to prevent neighbors from encroaching on your property rights. Even planning a solar panel system for your home may require a written easement to ensure your neighbor does not block the sunlight by planting a tree near your property.
You cannot afford any surprises after making the decision to purchase property. By retaining representation by a Florida attorney early in the process, you‘ll know the right steps to take to achieve your goals as a property owner.