Legal Question in Real Estate Law in Florida

I live in Florida. In my community, the roads are private dirt roads. Each lot has 33 feet of easement for the road. That makes the easement 66 feet wide if there are lots across from each other. My neighbors are not maintaining their easement that I have to use to get to my home. I have filled in the low area in my road easement where I turn into my driveway. Is there a statute or something I can show them to get them to do the required maintenance. Some depressions are very deep and may damage or stall my car after a rain storm. Janet


Asked on 11/12/10, 6:27 pm

1 Answer from Attorneys

Shelly Schellenberg MI & FL private practice

A lot depends on the wording of the easements and any recorded documents. If your sub is a very old plat and no road maintenance agreement has been established, the property owners may establish a road mainenance agreement by majority vote. You will need a real estate attorney to guide you through the process, and get recalcitrant neighbors to pay their share of maintenance.

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Answered on 11/18/10, 6:05 am


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