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Challenging the scope of an easement in gross

On Behalf of | Aug 24, 2021 | Real Estate |

A Florida property owner generally has the right to use a piece of land in certain ways. An easement in gross agreement gives usage rights to an outsider, but many people are confused as to what these rights are exactly. There are certain privileges and responsibilities that are common in this type of contract.

Transfer of ownership

An easement in gross agreement affects the individuals but not the property. It is valid only if the property remains with the original owner. The contract is not valid when the property is sold or transferred to another party, and a new contract must be made.

Residency requirements

The beneficiary is not required to live on the property to benefit from its provisions. The property owner can increase or decrease the number of restrictions in the agreement. For instance, the owner can deny the construction of a room extension that creates a different use of the property.

Commercial uses

Easement in gross contracts are often made for commercial purposes by utility companies, miners, and electricians. These contracts are more likely to be approved and unrestricted when provided by businesses, even if they work on residential properties. Most contracts are valid as long as the workers do not cause unnecessary stress that lead to real estate disputes.

When to challenge the scope of an agreement

Many problems can occur during the term of an easement in gross agreement. A property owner may deal with a beneficiary who uses the property for reasons other than what was agreed. The beneficiary may then want to legally challenge the restrictions.