Legal Question in Real Estate Law in Florida

Re: easment?

I�m not sure I understand the layout of these parcels. You state that each is 275� deep. I take from this that each has road frontage. If that�s the case, than no action is required regarding an easement for a driveway. An easement is only necessary if Lot 2, with the �back house� had no road frontage.

Even if a common driveway is used, it need not continue if the driveway is completely on one lot.

If Lot 2 has no road access, then an easement will be created, even if it�s not specified in the deed. However, creating it in the deed is the cleanest method.

But, I believe you have two lots, each with road access. I will assume that Lot 1 has a common driveway that Lot 2 uses. If you want to continue this, without giving up ownership of the driveway, all you really need to do is post a sign that says substantially, �Right to pass by permission of owner�. Then, no prescriptive rights will accrue in Lot 2.

If you�re just selling Lot 2, and keeping Lot 1, and each has road access, my recommendation is to create a new driveway for Lot 2 and avoid the easement question entirely.

Next, selling a lot and a half. My assumption is that you will create an �L� shaped Lot 2, and a small box shaped Lot 1. This must be done though the use of a land surveyor, or similar professional. Lot 1 needs to be split. Check with your local planning department to get the specifics. Then, sell Lot 2 and a newly created Lot 3. Lot 1 will be the front house on the front half of Lot 1.

Hope this helped.