Legal Definitions - floating easement

A floating easement is a type of legal right that allows one party to use another's land for a specific purpose, but without a precisely defined location at the time the right is created. It's an agreement where the general intent to grant access or use is clear, but the exact path, area, or boundaries of that use are left undetermined.

This often occurs when the parties anticipate a future need but cannot pinpoint the exact spot due to undeveloped land, unknown engineering requirements, or other practical uncertainties. While initially flexible, a floating easement is expected to eventually become fixed. Once the party with the easement begins to use a particular area for the agreed-upon purpose, that specific location typically becomes the permanent, "pinned down" easement. Courts generally prefer that easements have clear boundaries to prevent future disputes, so they expect floating easements to be formalized through actual use or subsequent agreement.

• Example 1: Future Access Road

  Scenario: A large rural property owner sells a back portion of their land to a developer. The developer needs a road to access the new parcel, but the exact route for the road hasn't been surveyed or designed yet due to varying terrain and environmental considerations.

  Illustration: The original owner grants the developer a floating easement for a future access road across their remaining property. This means the developer has the right to build a road, but the specific path it will take is not defined in the initial agreement. Once the developer surveys the land and constructs the road along a particular route, that chosen path becomes the fixed location of the easement.

• Example 2: New Fiber Optic Cable

  Scenario: A homeowner agrees to allow a telecommunications company to run a new fiber optic cable across their backyard to serve a neighboring community. At the time of the agreement, the company hasn't finalized the precise trenching route, as it needs to conduct soil tests and avoid existing utility lines and mature trees.

  Illustration: The homeowner grants the telecommunications company a floating easement for the fiber optic cable. The company has the right to install the cable, but its exact underground path is initially unspecified. Once the company's engineers determine the optimal route and install the cable, that specific path through the backyard becomes the permanent location of the easement.