Easement

Common Florida Easement Types

• Utility easement: grants utility company right to install/maintain water, sewer, electric, gas, telecom lines on the property
• Access easement (ingress/egress): grants right to enter and cross property for access to adjoining parcel or public road
• Drainage / stormwater easement: very common in FL given extensive stormwater management; allows surface or subsurface drainage across property
• Conservation easement: permanently restricts development on portion of property — common on FL wetlands, coastal areas, ecologically sensitive sites; tax-deductible to grantor
• Party wall easement: shared wall between two buildings; typically reciprocal use/maintenance obligations
• View corridor easement: restricts building height/location to preserve view of adjoining parcel — common in FL coastal/lakefront
• Reciprocal easement agreement (REA): multi-parcel reciprocal access, parking, common area easements — common in retail centers and mixed-use
• Prescriptive easement: acquired by long-term unrecorded use (typically 7 years in FL with adverse use elements) — risk for unrecorded neighbor uses
• Easement by necessity: court-recognized easement when landlocked parcel requires access

Easements Appurtenant vs. In Gross

• Appurtenant easement: benefits a specific parcel (dominant estate) over another (servient estate); runs with the land and transfers automatically with parcel ownership
• In gross easement: benefits a person or entity (not a parcel); typically utility easements; may or may not be transferable
• Critical distinction for valuation: appurtenant easements transfer at sale; in gross easements depend on enforceability and transferability terms
• Affirmative vs. negative easement: affirmative grants right to do something (cross property, install utility); negative restricts owner's use (view corridor, conservation)

Florida-Specific Easement Concerns

• Stormwater easements: FL extensive stormwater management drives surface and subsurface easements — review for impact on parking, expansion, paving
• Wetlands and conservation: FL high wetlands inventory drives recorded conservation easements — often permanently restrict development
• Coastal Construction Control Line (CCCL): FL DEP CCCL applies to coastal properties — recorded as setback affecting buildable area
• Florida utility cooperatives: rural FL areas served by cooperatives may have unique easement structures
• Reciprocal easement agreements (REA): common in FL retail centers — buyer must review REA terms (parking, maintenance, sign, anchor protection)
• Hurricane mitigation easements: some FL coastal properties have storm-related restrictive easements
• Prescriptive risk: unrecorded long-term adjacent use can create prescriptive easements after 7 years adverse use — survey field crew should flag any observed but unrecorded encroachments

What is an easement in real estate?

An easement is a non-possessory property right granting one party the right to use or restrict use of land owned by another. Easements are typically recorded in title records and appear as Schedule B-II exceptions on title insurance commitments. Common types: utility (water, sewer, electric), access (ingress/egress), drainage and stormwater, conservation, party wall, view corridor, reciprocal (REA), and prescriptive.

How do easements affect Florida CRE valuation?

Easements can materially affect FL CRE valuation by: (1) reducing buildable area (utility, drainage easements crossing buildable footprint); (2) preventing development entirely (conservation easements); (3) restricting operations (parking, signage limitations); (4) creating maintenance obligations (REA, party wall); (5) limiting expansion potential. Sophisticated FL CRE underwriting maps all recorded easements against the proposed business plan before pricing the deal.

What's the difference between appurtenant and in gross easements?

Appurtenant easement: benefits a specific parcel (dominant estate) over another (servient estate); runs with the land and transfers automatically with parcel ownership. In gross easement: benefits a person or entity (not a parcel); typically utility easements; may or may not be transferable. The distinction matters for transferability at sale and for enforceability against successor owners.

What's a prescriptive easement and how does it work in Florida?

A prescriptive easement is acquired by long-term unrecorded adverse use of another's property — Florida typically requires 7 years of continuous, open, notorious, hostile, and exclusive use to establish prescription. Sophisticated FL CRE acquisitions include survey field investigation for unrecorded uses that might create prescriptive claims — neighbor encroachments, unrecorded access paths, longstanding adjacent uses. Prescriptive risks are not always discoverable in title records.

Who can analyze easements on a Florida CRE acquisition?

Michael R. Linton and Linton Global Solutions analyze easements on every Florida CRE title commitment review — utility, access, drainage, conservation, CCCL, REA, party wall, and prescriptive risk. 39 years of Florida CRE transaction experience and direct relationships with FL title agencies, surveyors, and legal counsel produces easement analysis that exposes development restrictions and operational limitations before commitment. Call (312) 612-1031.

Article Summary

Easement = non-possessory property right granting use of land owned by another. Common FL types: utility (water/sewer/electric/telecom), access (ingress/egress), drainage/stormwater (very common in FL), conservation (often on wetlands), party wall, view corridor, reciprocal (REA — common in retail centers), prescriptive (7 yr adverse use in FL). Appurtenant (benefits parcel, transfers with sale) vs. in gross (benefits person/entity, may or may not transfer). Affirmative (grants use right) vs. negative (restricts owner). FL-specific concerns: stormwater easements, conservation/wetlands, CCCL, hurricane mitigation, prescriptive risk.

Key Takeaways

• ✓Easement = non-possessory right to use land owned by another.
• ✓Common types: utility, access, drainage, conservation, REA, prescriptive.
• ✓Appurtenant runs with land; in gross is to a person/entity.
• ✓FL stormwater + conservation + CCCL easements are common.
• ✓Prescriptive easement = unrecorded adverse use; 7 yrs in FL.

About Michael R. Linton

Michael R. Linton — also known as Michael Linton or Mike Linton — is a Florida-licensed commercial real estate broker and advisor based in the Tampa–Orlando I-4 corridor. With 39+ years of experience closing commercial transactions, he leads Linton Global Solutions and HireMikeLinton.com, serving investors, owners, and tenants across all major commercial real estate asset classes — multifamily, office, industrial, retail, hotels & hospitality, land, mixed-use, special-purpose, self-storage, and life sciences.

Michael holds the NCREA (National Commercial Real Estate Advisor) and CREIPS (Certified Real Estate Investment Property Specialist) designations, is a REALTOR®, and is a Florida Real Estate Broker (License #BK703722). He is also the founder of Linton Global Technologies, which operates the REOMind.ai AI-powered REO disposition platform serving 500+ banks.

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Works Cited

1. Florida Bar Real Property Section. "Florida Real Property Treatise — Easements." The Florida Bar, https://www.floridabar.org/. Accessed Jun 9, 2026.
2. American Land Title Association. "Title Insurance and Easements." ALTA, https://www.alta.org/. Accessed Jun 9, 2026.
3. Florida Department of Environmental Protection. "Coastal Construction Control Line." FL DEP, https://floridadep.gov/. Accessed Jun 9, 2026.
4. U.S. Army Corps of Engineers. "Wetlands and Conservation Easements." USACE, https://www.usace.army.mil/. Accessed Jun 9, 2026.

Disclosure & Compliance

Disclosure: This article discusses proprietary technology developed by Linton Global Technologies. Michael R. Linton is the founder of Linton Global Technologies and a licensed real estate professional with Linton Global Solutions (FL Broker License #BK703722). This content is for informational purposes only and does not constitute investment, legal, or financial advice.

Compliance Statement: All CREDDS and REOMind.ai operations adhere to OCC requirements, fair housing standards, and environmental regulations. Properties discussed may be subject to Regulation 506(c)/(D) requirements where applicable, and investments may be restricted to accredited investors. Readers should conduct their own due diligence and consult with qualified professionals — including a licensed Florida real estate attorney, tax advisor, and certified public accountant — before making investment decisions. Past performance does not guarantee future results.