What Attorneys Should Know About Easements and Encroachments

Easements and encroachments are two of the most frequent sources of land-related legal challenges, and attorneys play a key role in helping clients address them. Understanding how land surveys reveal these conditions allows legal professionals to advise clients more effectively. An easement grants someone the legal right to use part of a property for aspecific purpose, such as access or utilities. An encroachment occurs when a feature extends onto another property, often without the owner realizing it. Both can affect property rights, sales, and the ability to obtain insurance or financing.

If an easement is not properly documented or disclosed:

• It may limit how a propertycan be used
• It can slow or complicate a closing
• Buyers may pursue legal action for nondisclosure

If an encroachment exists:

• The affected owner may requestits removal or seek damages
• It can create complications with property records or insurance
• It may result in long term claims if left unresolved

Clients often assume an encroachment is harmless if no one complains, or that easements are always recorded and easy to identify. In reality, many encroachments are discovered only when a new survey is conducted. And while some easements appear in public records, others may exist through longstanding use and require legal review.

A survey:

• Clearly identifies boundary lines and visible features
• Notes recorded easements and potential areas of access
• Documents encroachments such as fences, sheds, driveways, or other improvements
• Provides reliable information attorneys can reference in resolving disputesor preparing legal documents

FirstChoice Surveying works with attorneys across Florida to provide accurate,well-documented surveys that clarify boundary and land use considerations. If you represent a buyer, seller, or property owner, a detailed survey is essential for identifying easement and encroachment concerns early. Partner with First Choice Surveying to help your clients make informed decisions backed by clear and dependable survey data.