Legal Question in Real Estate Law in Florida

reciprocal easement

We are being sued over an easement question--name removed--It comes down to the interpretation of a 3' reciprocal easement being in conjunction with a 5' maintenance easement--name removed--how do you interpret ''in conjunction with''? how many feet of easement does the neighbor have?

thanks


Asked on 12/08/07, 9:02 pm

2 Answers from Attorneys

Marlyn Wiener Marlyn J. Wiener, P.A.

Re: reciprocal easement

NOTICE: The information provided in this response is not, nor is it intended to be, legal advice. Many factors contribute to providing legal advice, including the specific facts of a situation. You should consult a competent attorney in your jurisdiction for advice regarding your individual situation. By reading the "Response" to your question or comment, you acknowledge that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then do not read any further.

Unfortunately it is not possible to respond to your question without a thorough review of the easement documents as well as the pleadings that have been filed in the lawsuit. Easements are drafted in response to the unique circumstances of the relationships between neighboring property owners; no two easements are exactly alike. It is very important that you consult with a real estate attorney to review your situation.

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Answered on 12/09/07, 9:24 am
Scott R. Jay Law Offices of Scott R. Jay

Re: reciprocal easement

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Without a thorough reading of the complete instrument it is impossible for any attorney to provide you with any viable response. Easements are very technical instruments drafted for a specific purpose and must be read in their entirety to understand. You should meet with a qualified real estate attorney to review the instrument with you and represent you in this legal action.

Scott R. Jay, Esq.

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Answered on 12/09/07, 12:32 pm


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