Simple English definitions for legal terms
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A floating easement is when someone gives permission for someone else to use a part of their land, but they don't say exactly where that part is. This can happen when they're not sure where to put something like a water line. However, courts don't like floating easements because they can cause confusion. Eventually, the exact location of the easement will be decided, and the court will use how the land was used after the easement was granted to figure out where it is.
Floating easement is a type of easement where the exact location of the easement is not specified. It is granted by the owner of the property to another party for a specific purpose, but the location of the easement is not yet determined. This type of easement is usually granted when the owner is uncertain about where to place a water line or other utility line.
Courts are cautious about floating easements because the lack of specific details can lead to misunderstandings between the parties involved. However, floating easements are expected to be eventually pinned down to a specific area, and the use of a particular piece of land after granting a floating easement will be considered as the resolved location in future litigation.
John owns a large piece of land that is adjacent to a river. He grants a floating easement to the local government to build a bike path along the river. However, the exact location of the bike path is not specified in the easement. Later, the government decides to build the bike path on the other side of the river, which is not part of John's property. In this case, the floating easement is not applicable because the bike path is not on John's property.
Another example is when a property owner grants a floating easement to a utility company to install a water line. The exact location of the water line is not specified in the easement, but the utility company is expected to determine the best location for the water line. Once the location is determined, the floating easement becomes a fixed easement, and the utility company can use that specific area for the water line.
These examples illustrate how floating easements work and how they can be resolved to a specific location. It is important to note that floating easements can be tricky and may lead to disputes between the parties involved. Therefore, it is essential to have a clear understanding of the terms and conditions of the easement before granting or accepting it.