Finding Easements at the court house FLORIDA

[Steve White]

Hi I did some research along with reading a Ownership and encumbrance report and found no mention of a existing easement on the lot I purchased at the tax deed county auction.

Ive been told the easement is recorded in the official record books and have a book and page to research. 

The problem I have is there is no mention of it in the property legal description or any past deeds. Right now I can't think of a place to have looked to find this easement other then reading every official record since the county started recording.

Is it not standard practice to include mention in the legal description? The title report has no mention and I would think this might be a big encomberance.

[Matt Devincenzo]

I doubt that it is that the Clerk ignored the easement, it's just human error when they get overlooked. These things rarely happen all at once so you have to find all the pieces of the puzzle. First a tract of land was parceled out, then later subdivided, then a public right of way granted for a new road, then a storm drain easement, then.....and now someone owns this piece of dirt.

I'm not sure of your familiarity with easements so forgive me if the following is already what you know. 

The reason they pay no taxes on an easement is because the property owner does still legally own the property; every square inch of it. The grantee (receiving the easement) is just given certain rights to the property. As you mentioned this can decrease the value of the property, but is all open to negotiation prior to the easement recording. The original grantor may have received money or some other value by granting the easement. 

The reason easements are granted instead of a lease of some sort or actually selling them the property for some reason can vary. Usually it is because the grantee doesn't actually need the land, just certain rights associated with it; like access or the ability to maintain a utility running through it. Sometimes it could be because the property couldn't legally be split that way, so an easement conveys rights without needing to convey actual property. Like you mentioned the "perpetuity" nature of easements is just for this very reason. If they didn't have it you as the new owner could in some way try to "hold their feet to the fire" and make a new deal, when they already had an agreement in the past. 

Easements can be vacated, which is "undoing" the easement. Either because the original grantee is no longer utilizing it/not in existence, or because it in some way prevents the property owner from developing or building. It can be mutual or unilateral depending on the situation.

 If as you say it isn't on the actual title report then that is the purpose of title insurance. They are insuring that piece of property is as described and listing items of importance..including easements. If the easement decreased the value of the property and was missed, then you could make a claim for that amount against the title insurance and receive compensation for it. As I mentioned an O&E isn't the same thing, and I'm assuming you don't have a title policy because it was a tax deed property. That is the risk that you take at auctions as opposed to receiving a grant deed.

I'm sure it is frustrating, and I'm not trying to make light of it, just trying to help you understand the process/purpose and maybe you can figure out how to work with this or get it "fixed" in some way to your benefit.