New Port Richey, FL asked in Criminal Law, Real Estate Law, Traffic Tickets and Landlord - Tenant for Florida

Q: Can a resident of a MH park be charged with trespassing for walking through an easement that belongs to the park?

I friend of mine is being threatened with eviction for trespassing on an easement that belongs to the park and is there to allow access to another piece of land. On some maps and map apps it even shows as being a street.

1 Lawyer Answer

A: You should not be soliciting legal advice for your friend, no matter how good your intentions are. That would be practicing law without a license and a felony.

Your friend needs to consult with a real estate attorney to review the plats and easements. The simple and less expensive option is to stop "trespassing" to avoid eviction or possibly police issuing a trespass warning. Easements are dedicated for the use of parties who entered into the easement agreement. An easement does not generally mean everyone gets to use it, although there are such easements for clubhouses, swimming pools, etc.

Bruce Alexander Minnick and Barry W. Kaufman agree with this answer

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