Executive Summary: Florida buyers should watch out for easements (legal access by others), encroachments (structures built over property lines), and boundary disputes. These issues can limit how you use the property, lower its value, or lead to legal battles. Always get a current survey, review title records, and resolve problems before closing.
In Florida real estate, what you see on the property doesn’t always match what you own. A neighbor’s fence might cross the line. A shared driveway might not be part of the lot. That canal view? It might come with a public easement you can’t block. If you’re buying property in Miami-Dade, Palm Beach, or anywhere else in Florida, don’t ignore easements, encroachments, or boundary issues. They can turn into costly legal battles.
What Is an Easement?
An easement gives someone else the right to use a portion of your property for a specific purpose. You still own the land, but you must allow the other party to use it.
Common types in Florida include:
- Utility easements for power lines, water, or sewer
- Ingress/egress easements that let others pass through
- Drainage easements for water runoff or stormwater
- Beach access easements along coastal properties
Easements are usually recorded in public records, but some may be implied or arise from long-term use (called prescriptive easements).
What’s the Risk for Buyers?
If you buy property with an easement, you must honor it, even if you weren’t told about it upfront. Easements can:
- Limit where you build
- Reduce usable space
- Allow regular access to others (even strangers or utility workers)
- Lower property value
You also can’t block, remove, or interfere with a legal easement without facing legal consequences.
What Is an Encroachment?
An encroachment happens when someone builds onto or over your land without permission. This could be:
- A neighbor’s fence, shed, or driveway crossing your boundary
- A roof or awning that hangs over your yard
- Tree roots or branches from neighboring lots causing damage
Encroachments may lead to boundary disputes or even a forced sale or removal through court.
How Florida Courts Treat Encroachments
Florida law allows owners to file a lawsuit to remove or stop an encroachment. The court will look at:
- How long the encroachment has existed
- Whether it was accidental or intentional
- How much it affects the use or value of the land
If it’s a minor issue, the court may award damages instead of ordering removal. But if the encroachment is large or causes harm, the court may force the neighbor to remove the structure.
What Is a Boundary Dispute?
A boundary dispute is a legal disagreement about where one property ends and the next begins. These often come from:
- Old or inaccurate surveys
- Misplaced fences or structures
- Unclear deed descriptions
Disputes are especially common in older neighborhoods or areas without recent surveys.
How to Protect Yourself as a Buyer
- Get a Current Survey
Always request a boundary survey before closing. A title company’s standard title insurance policy does not cover survey issues unless you get a detailed policy with a survey endorsement.
- Review Title and Public Records
Make sure all easements are listed and mapped clearly. Ask your title company or attorney to explain anything that might affect your use of the land.
- Physically Walk the Property
Check for visible signs of encroachments: fences, sheds, landscaping, or driveways that cross lot lines.
- Ask for an Owner’s Disclosure
Florida law doesn’t require disclosure of all easements or encroachments, but many sellers use a voluntary property disclosure form. Review it carefully.
- Address Disputes Before You Buy
If there’s a known encroachment or boundary issue, don’t assume it’s “no big deal.” Get it resolved before closing—or walk away.
Call the Law Office of Ray Garcia, P.A.
Buying property in South Florida means more than just signing paperwork. If there’s an easement, encroachment, or dispute on the line, don’t go it alone. We work directly with buyers, sellers, and real estate professionals to handle these issues before they turn into lawsuits. Call our office today. We’ll help you get clarity before you close.
Garcia & Garcia Attorneys at Law
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