A Floating Easement is a legal term for a type of easement which gives a person permission to use the land of another person without permission from the landowner. The property owner with the easement holds the right to use, but they do not own the land. Floating easements are often used in cases where the landowner does not want anyone to trespass on their property, but rather allow specific access across it.
In simpler terms, it is a right of passage over another person’s land held by someone who does not own the land. Floating easements are most commonly used in areas where individuals need to use the land of someone else for a specific purpose, such as public utility lines, fences, or even public bike paths and parks.
Real-Life Examples of Floating Easements
One example is a municipal power line that runs over a property line, for example, a power line that runs from one house to the next, or one that goes over a street. In this case, the power line company must get permission from the property owners if it needs to access, maintain, or repair the lines. This allows the company to use the land, while still protecting the owner from any potential liability.
Another example is a pedestrian easement. This could be for a public pathway, like a park, or for a public hiking trail. This type of easement allows access for the public to use the land without trespassing or endangering the landowner.
How Floating Easements Are Created
Floating easements are typically created through a deed or agreement between the landowner and the person or organization that requires the access rights. This agreement typically includes a description of the land that will be used, the rights that will be granted, and the duties of the property owner. The agreement is typically recorded in the county or state records, and does not necessarily need to be renewed periodically.
In order to make sure that the rights are in compliance with all applicable laws and regulations, it is best to have an attorney review the agreement before it is finalized. This will also ensure that all parties involved understand their rights and responsibilities before the agreement is completed.
Conclusion
A floating easement is a legal term for a right of passage over someone else’s land, usually granted by deed or agreement. This provides individuals or organizations with access to a property without having to obtain permission from the landowner. These types of easements are often used for public utilities, public pathways, or any other type of public access. It is important to have an attorney review any agreements involving a Floating Easement before signing to ensure that all parties understand their duties and rights.