What are easements and rights of way?
An easement is a benefit based in land ownership, other than the sharing of profits, that gives someone the right of use or enjoyment of another person’s land for a special purpose not inconsistent with the general property rights of the owner. An easement cannot exist between two pieces of land owned by the same person (J. C. Vereen & Sons v. Houser, 123 Fla. 641, 167 So. 45 [Fla. 1936]; 20 Florida Jurisprudence 2d Easements and Licenses in Real Property section 1). A right-of-way, generally, is the right of a specific person or class of persons to use a route to travel over the land of another (Wyatt v. Parker, 128 So.2d 431 [Fla. 2d DCA 1961]; 20 Florida Jurisprudence 2d Easements and Licenses in Real Property section 9). A common example of a right of way easement is one where a landowner cannot access a public road without crossing the property of another landowner. In these situations, courts will usually find a right of way by necessity. This allows a party to cross another’s la
