Need a Driveway Easement Florida Orange County

Hello

I recently acquired a landlocked, small property.

For me to access the property, I need a driveway to access it
from another persons’ property.

It is located in Orange county, Florida.

Do I have to ask the owner of the ‘other’ land for me access the property? If so, where would I find a form? and if the owner does NOT want to give me an easement, what are my alternatives??

Thank you

Asked on June 18, 2017 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, you need their permission or a court order--otherwise, if you use their driveway, you are trespassing and could be charged. If they won't grant permission voluntarily, you would need to file a lawsuit in chancercy court (a part or division of county court) asking the court to grant an easement because your property is landlocked and there is no other way to access it. Such a suit can be complex and expensive; consult with a real estate attorney about bringing it, what you will need to prove your case, etc., and strongly consider letting the attorney bring the case for you. Be before doing that, ask the other landlowner--this is best resolved without litigation. Perhaps you can offer to pay an annual access fee, or to pay maintenance costs.


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