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

Q: Question regarding ingress/egress easement maintenance rights

Question: Our access to our homes is through a platted ingress/egress over privately held land (outside of our subdivision). As homeowners using this easement, what rights do we have to make improvements to the easement? The plat shows the easement as a 50' wide easement; however, the path is currently a narrow, bumpy dirt road intertwining through trees and with no directional signs as to where to go. We would like to widen the road to the true 50' easement, put limestone down, as well as signage. The private landowner may not be in agreement with the improvements we want (and need) to make. (In its current state, it would be difficult for an EMS vehicle or firetruck to make its way to our homes, and it's very difficult to provide directions for visitors, deliveries, etc.). We don’t expect the land owner to help with these improvements, but can she stop us from making them?

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

A: If you have an easement for access to your property, in general you have the right to maintain the roadway. So, within reason, the landowner cannot object if you make the improvements you mention.

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