Collier County Easem*nt Deed Form | Florida (2024)

Easem*nt Deed Form

Easem*nt Deed Guide

Completed Example of the Easem*nt Deed Document

Guide to Writing an Easem*nt Description

Collier County DocumentCover Page for Deeds, Agreements for Deeds, Easem*nts and AssignmentsCollier County DocumentFillable Cover Page for Deeds, Agreements for Deeds, Easem*nts and AssignmentsFlorida DocumentTransfer/Stamp Tax Reference SheetFlorida DocumentTransfer/Stamp Tax Reference Sheet 2Florida DocumentTransfer Tax Exemption StatementFlorida DocumentCover PageFlorida DocumentTax Form for Registered Taxpayers / DR-225Florida DocumentTax Form for Non-registered Taxpayers / DR-228Florida DocumentFlorida Statute 196.031 Exemption of homesteadsFlorida Document Homestead ApplicationFlorida DocumentRequired DocumentationFlorida DocumentTax Form for Registered Taxpayers / DR-225Florida DocumentAdjusted Gross Income

An easem*nt is a non-possessory right to use another person's land for a specific purpose. This right is granted by an easem*nt deed. In Florida, easem*nt deeds can be in many different forms, such as an implied grant of way of necessity, a statutory way of necessity exclusive of common law right, a conservation easem*nt, or a solar easem*nt.

An implied grant exists when a person has previously granted lands to which there is no accessible right-of-way, except over his or her land. In these instances, it is presumed that a right-of-way has been granted or reserved. A statutory way of necessity exclusive of common law right exists when any land, which is being used for dwellings or is desired to be used as a dwelling, or for agricultural or timber raising or cutting purposes is shut off or hemmed in by lands, fencing, or other improvements by other persons so that no practicable route of egress or ingress is available from the nearest public road from which the landlocked landowner has vested easem*nt rights (704.01).

A conservation easem*nt can also be created in Florida and can be held by a governmental agency or charitable organization whose purposes include protecting the natural, scenic, or open space values of real property. This type of easem*nt runs with the land and is binding on all subsequent owners of the servient estate. The servient estate is the estate granting the burden. A solar easem*nt is obtained for the purpose of maintaining the exposure of a solar energy device. Conservation and solar easem*nts alike are subject to being recorded and indexed in the same manner as any other instrument affecting the title to real property (704.07).

In order for recording to take place, the execution of an easem*nt deed must meet the requirements of any other real estate deed. Namely, it must be acknowledged by the party executing it, proved by a subscribing witness, or legalized or authenticated by a civil-law notary or notary public who affixes his or her official seal before the officers in the manner provided by law (695.03). The grantor's signature requires two witnesses; however, the notary public can be one of the witnesses, but the notary must then sign the easem*nt deed twice: both as a notary and as a witness. Acknowledgements made in Florida or in another state can be made by any of the officers listed in 695.03 of the Florida Statutes. A certificate of acknowledgement or proof, under the seal of the court or officer taking acknowledgements, should be attached to the easem*nt deed presented for recording.

Recording an easem*nt deed will place the document in the public records, which will provide constructive notice of its existence. The act of recording a conservation easem*nt will provide notice to the property appraiser and tax collector of the county of the conveyance of the conservation easem*nt (704.06-7). An easem*nt deed is subject to the recording laws just as any other deed and will therefore not be good and effectual in law or in equity against creditors or subsequent purchasers for a valuable consideration and without notice, unless it is recorded according to law (695.01). The priority of documents is determined by the order and time of recording. Easem*nt deeds and all other real estate documents affecting title are recorded with the clerk of the circuit court in the county where the property is located.

(Florida Easem*nt Deed Package includes form, guidelines, and completed example)