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A then sells off the first lot but forgets to reserve a driveway easement in the deed. A originally had common ownership of both properties. A also used the driveway during this period. A then severed the land. Although A did not reserve an easement, the driveway is obviously on the property and a reasonable buyer would know what it is for.
An easement is a right of access that has been agreed-upon by the property owner, in writing, or mandated by a government decision. Perhaps the first owner of your house granted your neighbor ...
A nonpossessory interest in land is a term of property law to describe any of a category of rights held by one person to use land that is in the possession of another. Such rights can generally be created in one of two ways: either by an express agreement between the party who owns the land and the party who seeks to own the interest; or by an order of a court.
An oral lease for a tenancy of years that violates the statute of frauds (by committing to a lease of more than—depending on the jurisdiction—one year without being in writing) may create a periodic tenancy, the construed term being dependent on the laws of the jurisdiction where the leased premises are located. In many jurisdictions the ...
If the landowner is unable to make such a showing, the neighbor must be shown to have been negligent in order for the landowner to recover damages. [ 1 ] If the landowner owns everything beneath the ground on his property, he may convey to another party the rights to mineral deposits under the land and other things requiring excavation, such as ...
A Florida homeowners’ association (HOA) is using a legal loophole to bypass a state law and prevent homeowners in its community from parking their pickup trucks or work vehicles in their driveways.
In Florida, HOAs typically have the authority to oversee property maintenance, including parking regulations. However, the HOA’s jurisdiction over private driveways is a point of contention.
Appellate and trial court opinions of the Florida circuit courts and County Courts are published in the Florida Law Weekly Supplement. [5] The Florida Reports published opinions of the court from 1846 to 1948. Florida courts practice judicial review, which means certain laws and regulations can be struck down (ruled unconstitutional) by the ...