Florida Broker Practice Exam

What is the minimum time period of uninterested use to create an easement by prescription in Florida?

1. 10 years

2. 15 years

3. 20 years

4. 25 years

The correct answer is: 20 years

In Florida, the establishment of an easement by prescription requires a minimum period of continuous, uninterrupted, and adverse use of someone else's property. The correct duration for this uninterrupted use is 20 years. This principle stems from the need to maintain an effective balance between the rights of property owners and those who use the land without permission. The period ensures that the use becomes so established that it raises a presumption of permittance. The significance of this 20-year timeframe lies in its ability to demonstrate the stability of the use over time, indicating that the user has developed a reliance on that specific use of the land. This helps to formalize use rights and avoids potential conflicts over land boundaries, effectively solidifying the user’s claim to the easement in question. In contrast, shorter periods such as 10, 15, or even 25 years do not meet the statutory requirements or do not fit within the established legal framework that governs easement prescriptions in Florida. Therefore, only the 20-year timeframe is recognized as fulfilling the legal conditions necessary to claim an easement by prescription in the state.