My question involves real estate located in the State of: Florida
I am interested in purchasing a piece of commercial property. The person who owns it will still own another parcel next door where their business is located. When the highway in front was widened, DOT put 2 aprons (easements) on the parcel I am interested in and only one apron (easement) on the seller's parcel. When we said we would like to put a fence down the property line, he said he still wants to use one of our entrances to allow trucks to drive behind his building, as he has been doing. He said we could just have a verbal agreement to that and not put anything on the deed granting him an easement so if he should ever move out or sell, we could run the fence at that time. My question is, if we allow him to use our entrance, would that give him some legal rights in the future to continue the usage if he sells his property. Also, since DOT put the easements in, could they have designated the third apron as a shared entrance to both properties? The parcel we want to purchase is vacant land and has not yet been deeded in his name. He just has contract to purchase this parcel from the original owner of both parcels. Of course, title company will pay off his debt, have it deeded to him, then us.
I am interested in purchasing a piece of commercial property. The person who owns it will still own another parcel next door where their business is located. When the highway in front was widened, DOT put 2 aprons (easements) on the parcel I am interested in and only one apron (easement) on the seller's parcel. When we said we would like to put a fence down the property line, he said he still wants to use one of our entrances to allow trucks to drive behind his building, as he has been doing. He said we could just have a verbal agreement to that and not put anything on the deed granting him an easement so if he should ever move out or sell, we could run the fence at that time. My question is, if we allow him to use our entrance, would that give him some legal rights in the future to continue the usage if he sells his property. Also, since DOT put the easements in, could they have designated the third apron as a shared entrance to both properties? The parcel we want to purchase is vacant land and has not yet been deeded in his name. He just has contract to purchase this parcel from the original owner of both parcels. Of course, title company will pay off his debt, have it deeded to him, then us.
Use and Enforcement: Rights to Easement on Commercial Property
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