Floating Easement Definition and Legal Meaning

On this page, you'll find the legal definition and meaning of Floating Easement, written in plain English, along with examples of how it is used.

What is Floating Easement?

(n) Floating easement is right to use a property as an access to use another property connected to the former without specifying the method or limiting to the scope of such utilization to any particular portion.

History and Meaning of Floating Easement

A floating easement is a legal term that describes the right to use one person's land to access another person's land. Unlike a traditional easement, a floating easement does not specify the method or limit the scope of such access.

Floating easements have historically been used when two properties are adjacent to one another, and one property owner does not have direct access to a public road or other access point. By granting a floating easement, the adjacent property owner can cross over the other owner's land in order to access their own property.

A floating easement can apply to any type of property, including commercial, residential, or agricultural land. It is important to note that the owner of the land granting the easement can still use the land for their own purposes, as long as they do not interfere with the easement holder's use of the land.

Examples of Floating Easement

  1. Amanda owns a property that is surrounded by other properties. She grants a floating easement to her neighbor John, allowing him to cross over her land to access his own property.
  2. A developer builds a new housing development that is only accessible through a private road that crosses over land owned by several different property owners. The developer negotiates a floating easement with each of the property owners in order to provide access to the new development.
  3. A farmer owns a large piece of land, but the only access point to the road is blocked by a neighboring property owner. The farmer negotiates a floating easement with the neighbor, allowing them to cross over their land in order to reach the road.

Legal Terms Similar to Floating Easement

  1. Easement: A legal right to use another person's land for a specific purpose.
  2. Appurtenant Easement: An easement that is attached to a particular piece of property and cannot be separated from it.
  3. Access Easement: An easement that grants access to a specific property but limits the scope of such access.