Introduction
Owning property in Northeast Florida—whether in St. Augustine, Ponte Vedra, Palm Coast, or surrounding areas—comes with unique legal challenges. Two common issues that can create tension between neighbors and impact property rights are easements and boundary disputes.
At St. Johns Law Group, our real estate attorneys help property owners, buyers, sellers, and developers understand their rights, resolve conflicts, and protect their investments. Here’s what you need to know about easements and boundary disputes in Northeast Florida.
1. What Is an Easement?
An easement is a legal right to use another person’s land for a specific purpose. Common examples include:
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Access easements – Allowing a neighbor to cross your land to reach a public road
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Utility easements – Granting utility companies the right to install and maintain power lines, water pipes, or sewer lines
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Drainage easements – Allowing water flow or stormwater management across your property
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Beach access easements – Common in coastal communities
Legal Tip: Easements are typically recorded in public records and may appear in your title report. Always review easement documents before purchasing property to avoid surprises.
2. Types of Easements in Florida
Florida recognizes several types of easements, including:
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Express Easements – Written agreements recorded in property records
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Implied Easements – Created by circumstances, such as landlocked parcels needing access
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Prescriptive Easements – Established through continuous, open, and adverse use over a period of time (similar to adverse possession)
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Easements by Necessity – Created when property access is otherwise impossible without crossing another’s land
Legal Tip: Easement disputes often arise when their scope or location is unclear. Your attorney can help interpret easement language and resolve conflicts.
3. Understanding Boundary Disputes
A boundary dispute occurs when property owners disagree over the location of the dividing line between their properties. These disputes often arise from:
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Inaccurate or outdated surveys
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Fence or structure placement that crosses property lines
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Encroachments by driveways, sheds, or landscaping
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Changes in natural landmarks (waterways, trees) that were used as markers
Legal Tip: A current ALTA or boundary survey is essential to resolving disputes and confirming true property lines.
4. Resolving Easement and Boundary Disputes in Florida
Disputes can escalate quickly if not handled properly. Resolution options include:
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Negotiation – Informal agreements between property owners
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Mediation – Neutral third-party assistance to find a mutually acceptable solution
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Quiet Title Actions – Court proceedings to clarify or remove an easement or claim
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Boundary Line Agreements – Recorded legal agreements establishing the property line
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Litigation – As a last resort, asking a court to decide the matter
Legal Tip: Acting quickly is important—delay may weaken your position or allow claims like prescriptive easements to develop.
5. Preventing Future Disputes
To avoid future easement or boundary issues:
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Always get a title search and survey before buying property
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Review HOA and subdivision plats for recorded easements
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Address encroachments immediately upon discovery
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Maintain clear and friendly communication with neighbors
Why Choose St. Johns Law Group?
At St. Johns Law Group, we have extensive experience handling easement disputes, boundary disagreements, and real estate litigation in St. Johns County, Flagler County, and throughout Northeast Florida. Our attorneys:
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Conduct detailed title and survey reviews
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Negotiate and draft easement agreements
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Represent clients in mediation and litigation
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Protect property rights for homeowners, investors, and developers
Areas We Serve
We represent clients in St. Augustine, St. Augustine Beach, Ponte Vedra, Ponte Vedra Beach, Vilano Beach, Palm Coast, Nocatee, Flagler County, and across Northeast Florida.
Contact Us
If you are facing an easement or boundary dispute in Northeast Florida, contact St. Johns Law Group for experienced legal guidance.