Easements & Ownership
Understanding Deeds, Surveys, and Easements in Florida

When you buy a home, you’re handed a deed and told, “Congratulations — you own the property.” But here’s a truth that surprises many Florida homeowners:
You can own a property and still not have full rights to every part of it.
In this article, we’ll break down what a deed really means, how surveys come into play, and why easements can limit what you can (and can’t) do with your land. If you’re a homeowner, buyer, or investor in Florida, this is critical information you don’t want to miss.
What Is a Deed, Really?
Think of a deed like the title to your car — but instead of a vehicle, it proves ownership of your house and land. The deed determines:
- Who owns the property
- How the property is owned (vesting)
- What rights transfer when the property is sold
But here’s where things get tricky: owning the deed does not automatically mean you have unrestricted use of every inch of the property.
Why a Survey Matters More Than You Think
A survey is performed by a licensed surveyor who locates physical markers (yes, pins in the ground!) to define your property’s boundary lines.
Inside those boundary lines, many homeowners assume they have total freedom — but that’s rarely the case.
Almost every property has easements, and those easements can seriously impact how you use your land.
What Is an Easement?
An easement gives another party the legal right to use a portion of your property for a specific purpose.
Common easements in Florida include:
- Utility easements (power, water, sewer, gas)
- Drainage easements
- Shared driveway easements
- Access easements (flag lots)
Even though the land may technically belong to you, the easement holder has legal rights that override yours in that specific area.
Utility Easements: The Most Common Limitation
Utility easements are everywhere — and they come with strict rules.
For example:
- You cannot build a shed inside a utility easement
- You cannot block access to utility lines
- Utility companies may dig, repair, or access the area when needed
This means part of your yard may be completely off-limits for permanent structures, even though it’s on your property.
Shared Driveways & Flag Lots: A Real-Life Example
Let’s talk about a situation that causes major confusion.
I once handled a property on Highway 46 where five homes shared a single driveway. Although the driveway ran through one owner’s land, he did not have the right to:
- Fence it off
- Install a gate
- Block access in any way
Why? Because there was a recorded operating agreement allowing all neighboring owners to use that driveway.
Even though the land was technically his, his rights were limited.
When Things Get Complicated
To make matters worse, there was a massive oak tree in the middle of the driveway. Cars had been driving around it for years to avoid cutting it down.
Over time, that created an encroachment issue, triggering a serious title problem. We had to work closely with the title company to ensure legal access — without removing the protected tree.
This is exactly why understanding easements before buying is so important.
Just Because You Own It… Doesn’t Mean You Can Use It
Here’s the key takeaway:
Owning land does not always mean having full control over it.
Easements, surveys, and access agreements can limit:
- Fencing
- Gates
- Driveways
- Sheds
- Landscaping
- Future development
If you don’t understand these restrictions upfront, you could end up with costly surprises later.
What Homebuyers and Sellers Should Do
Before buying or selling a home in Florida, make sure you:
✔ Review the
survey carefully
✔ Ask about
recorded easements
✔ Confirm
driveway and access rights
✔ Talk to your
title company or real estate professional
These steps can save you thousands of dollars — and a whole lot of stress.
Final Thoughts
Deeds, surveys, and easements aren’t the most exciting topics — but they are some of the most important.
If you’ve ever thought, “It’s my land, I can do whatever I want with it,” this is your reminder that real estate law doesn’t always work that way.
Knowledge is power, and understanding your deed is a big part of protecting your investment.
Edna Wilson
Your hometown realtor — because hometown is apple pie 🍎
📺 Watch the full video on YouTube for more real-world examples and explanations.












