Crestview, FL asked in Land Use & Zoning and Real Estate Law for Florida

Q: If I am part of a shared easement with two other property owners, can I grant an easement of necessity to a third party?

I live in Okaloosa County Florida and I have two pieces of land that share a common easement with two other properties. The easement was created prior to the purchase to protect all parties as well as provide ingress/egress, access for utilities, etc. There is a neighboring property, located to the west of all our properties and easement, that is landlocked and not part of the original easement between myself and two other property owners. Can I solely grant access or do all parties have to agree to grant access? I have requested property records for all parcels to include any prior easements, any previous parcel divisions (that did have ingress/egress, utility access, etc.) that resulted in the neighboring property being landlocked.

1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Real Estate Law Lawyer
  • Freeeport, FL
  • Licensed in Florida

A: You could grant an easement across your parcels, but that wouldn't do the owner of the landlocked parcel much good unless the other landowners were to do the same.

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