How Easements are Created:

Easements are created by Prescription (The 20-Year Squatter): If someone uses your land openly and without permission for 20 years (in Florida), they can go to court and get a permanent easement.By Necessity: If a parcel of land is landlocked (has no road access), the court will grant an easement of necessity over a neighbor's land because owners have a right to enter and exit their property.Implied Easement: An encroachment that has existed for years (like a fence 1 foot over the line) where the owner didn't object.Encroachment: The unauthorized physical intrusion of a building or improvement onto another person's land. (e.g., A tree limb hanging over your fence).