| 15 | 15 | | An act relating to easements affecting real property 2 |
|---|
| 16 | 16 | | owned by the same owner; creating s. 704.09, F.S.; 3 |
|---|
| 17 | 17 | | authorizing an owner of real property to create an 4 |
|---|
| 18 | 18 | | easement, servitude, or other interest in the owner's 5 |
|---|
| 19 | 19 | | real property and providing that such easement, 6 |
|---|
| 20 | 20 | | servitude, or other interest is valid; providing an 7 |
|---|
| 21 | 21 | | exception; providing legislative intent; providing a 8 |
|---|
| 22 | 22 | | directive to the Division of Law Revision; provid ing 9 |
|---|
| 23 | 23 | | an effective date. 10 |
|---|
| 24 | 24 | | 11 |
|---|
| 25 | 25 | | Be It Enacted by the Legislature of the State of Florida: 12 |
|---|
| 26 | 26 | | 13 |
|---|
| 27 | 27 | | Section 1. Section 704.09, Florida Statutes, is created to 14 |
|---|
| 28 | 28 | | read: 15 |
|---|
| 29 | 29 | | 704.09 Creation of easements, servitudes, and other 16 |
|---|
| 30 | 30 | | interests affecting real property owned by the same owner.— 17 |
|---|
| 31 | 31 | | (1) An owner of real property may create an easement, 18 |
|---|
| 32 | 32 | | servitude, or other interest in the owner's real property, 19 |
|---|
| 33 | 33 | | notwithstanding that the owner owns all of the affected real 20 |
|---|
| 34 | 34 | | property. 21 |
|---|
| 35 | 35 | | (2) An easement, servitude, or other interest in real 22 |
|---|
| 36 | 36 | | property created by an owner in the owner's real property before 23 |
|---|
| 37 | 37 | | the effective date of this act is valid unless invalidated by a 24 |
|---|
| 38 | 38 | | court on grounds other than unity of title. 25 |
|---|
| 46 | 46 | | Page 2 of 2 |
|---|
| 47 | 47 | | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
|---|
| 48 | 48 | | |
|---|
| 49 | 49 | | |
|---|
| 50 | 50 | | |
|---|
| 51 | 51 | | Section 2. It is the intent of the Legislature to respect 26 |
|---|
| 52 | 52 | | the intent of the par ties to real property transactions that 27 |
|---|
| 53 | 53 | | occurred before the effective date of this act and the parties' 28 |
|---|
| 54 | 54 | | reliance on easements, servitudes, or other interests created by 29 |
|---|
| 55 | 55 | | those transactions. 30 |
|---|
| 56 | 56 | | Section 3. The Division of Law Revision is directed to 31 |
|---|
| 57 | 57 | | replace the phrase "the effective date of this act" wherever it 32 |
|---|
| 58 | 58 | | occurs in s. 704.09, Florida Statutes, as created by this act, 33 |
|---|
| 59 | 59 | | with the date this act becomes a law. 34 |
|---|
| 60 | 60 | | Section 4. This act shall take effect upon becoming a law. 35 |
|---|