Koon & Pipes PLLC
Real Estate

Florida Easements and Restrictive Covenants

A neighbor blocks your access, a recorded restriction stands in the way of your project, or you need a new easement before you can develop. We draft, negotiate, and litigate easements and restrictive covenants.

Matters we handle

  • Access and utility easements
  • Easements by necessity and prescription
  • Drafting and recording new easements
  • Releasing or modifying easements
  • Enforcing or challenging use restrictions
  • Deed restrictions affecting development
  • Shared driveway, parking, and maintenance agreements
  • Litigation between neighboring owners

Florida law at a glance

  • Florida recognizes easements by necessity for property that would otherwise be landlocked (section 704.01, Florida Statutes).
  • A prescriptive easement generally requires 20 years of continuous, open, and adverse use.
  • Some older restrictions can be extinguished under Florida’s Marketable Record Title Act (Chapter 712) unless they are preserved.

General information about Florida law, not legal advice about your situation. Deadlines and requirements depend on the facts and the documents involved.

Tell us about your situation

Send us a few lines about what is going on, or call the office. Please do not include confidential details until we confirm we can receive them.