Brevard County Easement Deed Form

Last validated June 11, 2026 by our Forms Development Team

Brevard County Easement Deed Form

Brevard County Easement Deed Form

Fill in the blank Easement Deed form formatted to comply with all Florida recording and content requirements.

Document Last Validated 6/8/2026
Brevard County Easement Deed Guide

Brevard County Easement Deed Guide

Line by line guide explaining every blank on the Easement Deed form.

Document Last Validated 6/5/2026
Brevard County Completed Example of the Easement Deed Document

Brevard County Completed Example of the Easement Deed Document

Example of a properly completed Florida Easement Deed document for reference.

Document Last Validated 6/11/2026
Brevard County Guide to Writing an Easement Description

Brevard County Guide to Writing an Easement Description

A Description of the Easement will be required. This will show how to write an acceptable description for a Right of Way Easement, which gives access, to and from - point A to point B.

Document Last Validated 4/28/2026

All 4 documents above included • One-time purchase • No recurring fees

Immediate Download • Secure Checkout

Important: Your property must be located in Brevard County to use these forms. Documents should be recorded at the office below.

Where to Record Your Documents

Clerk of Court

Address:
400 South St, 2nd floor
Titusville, Florida 32780

Hours: Monday through Friday 8:00 a.m. to 5:00 p.m.

Phone: (321) 637-2006

Parkway Complex

Address:
700 South Park Ave
Titusville, Florida 32780

Hours: 8:00 a.m. to 5:00 p.m. M-F

Phone: Phone (321) 637-2006

Moore Justice Center

Address:
2825 Judge Fran Jamieson Way
Viera, Florida 32940

Hours: 8:00 - 5:00 M-F

Phone: (321) 637-2006

Melbourne Branch Courthouse

Address:
51 South Nieman Ave
Melbourne, Florida 32901

Hours: 8:00 - 5:00 M-F

Phone: (321) 637-2006

Merritt Island Office

Address:
2575 N Courtenay Parkway, Rm 129
Merritt Island, Florida 32953

Hours: 8:00 - 5:00 M-F

Phone: (321) 637-2006

Palm Bay Office

Address:
450 Cogan Drive S.E.
Palm Bay, Florida 32909

Hours: 8:00 - 5:00 M-F

Phone: (321) 637-2006

For Mail: Recording Department

Address:
PO Box 2767
Titusville, Florida 32781-2767

Hours:

Phone: N/A

For Overnight Delivery: Clerk of Court

Address:
700 S. Park Ave, Bldg B
Titusville, Florida 32780-4015

Hours:

Phone: N/A

Recording Tips for Brevard County:
  • Bring your driver's license or state-issued photo ID
  • Check that your notary's commission hasn't expired
  • White-out or correction fluid may cause rejection
  • Avoid the last business day of the month when possible

Cities and Jurisdictions in Brevard County

Properties in any of these areas use Brevard County forms:

  • Cape Canaveral
  • Cocoa
  • Cocoa Beach
  • Grant
  • Indialantic
  • Malabar
  • Melbourne
  • Melbourne Beach
  • Merritt Island
  • Mims
  • Orlando
  • Palm Bay
  • Patrick Afb
  • Rockledge
  • Satellite Beach
  • Scottsmoor
  • Sebastian
  • Sharpes
  • Titusville

View Complete Recorder Office Guide

Hours, fees, requirements, and more for Brevard County

How do I get my forms?

Forms are available for immediate download after payment. The Brevard County forms will be in your account ready to download to your computer. An account is created for you during checkout if you don't have one. Forms are NOT emailed.

Are these forms guaranteed to be recordable in Brevard County?

Yes. Our form blanks are guaranteed to meet or exceed the applicable formatting requirements used for recording in Brevard County, including margin requirements, font requirements, and other layout standards. This guarantee applies to formatting, not to the legal sufficiency of information entered by the user or the suitability of a form for a particular transaction.

Can I reuse these forms?

Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Brevard County you only need to order once.

What do I need to use these forms?

The forms are PDFs that you fill out on your computer. You'll need Adobe Reader (free software that most computers already have). You do NOT enter your property information online - you download the blank forms and complete them privately on your own computer.

Are there any recurring fees?

No. This is a one-time purchase. Nothing to cancel, no memberships, no recurring fees.

How much does it cost to record in Brevard County?

Recording fees in Brevard County vary. Contact the recorder's office at (321) 637-2006 for current fees.

Questions answered? Let's get started!

A Florida easement deed grants a non-possessory right to use another person's land for a specific purpose, and Florida's framework for these instruments is distinctive enough that forms drafted for other states routinely fail at the recorder's office. Florida is one of the few states that requires two subscribing witnesses to a grantor's signature on a deed conveying an interest in real property (Fla. Stat. § 689.01). Beyond the witness rule, Florida codifies several specific easement categories — statutory ways of necessity, conservation easements, and solar easements — each with its own mechanics under Chapter 704. Florida's constitutional homestead protections add a further layer when the burdened parcel is the grantor's primary residence. The Florida easement deed package on this page is drafted to satisfy these state-specific execution and recording requirements.

When a Florida easement deed is used

An easement deed is the instrument used to create or grant an express easement — a recorded right of use that runs with the land and binds future owners of the servient parcel. Common uses in Florida include driveway and access easements over a neighboring parcel, utility easements, drainage easements, ingress and egress easements for otherwise landlocked parcels, conservation easements protecting natural or scenic values, and solar easements preserving a property's exposure to sunlight for a solar energy device. Easements arising by implication, prescription, or statute (such as a statutory way of necessity under section 704.01) operate by separate legal mechanisms and are not created by this form.

Florida statutory framework: Chapter 704

Florida codifies easement law primarily in Chapter 704 of the Florida Statutes, and several provisions create easement categories that do not exist as statutory creatures in many other states.

Section 704.01(1) recognizes an implied grant of way of necessity where a grantor previously conveyed land that has no accessible right-of-way except over the grantor's remaining land. Section 704.01(2) creates a separate statutory way of necessity exclusive of common-law right when land used or intended for dwelling, agricultural, timber, or stock-raising purposes is shut off from the nearest practicable public road by surrounding lands, fences, or other improvements. The statutory remedy under 704.01(2) is distinct from the common-law implied easement and has its own procedural requirements.

Section 704.06 governs conservation easements held by a governmental body or a qualifying charitable organization whose purposes include retaining the natural, scenic, open-space, agricultural, or historic values of real property. A conservation easement runs with the land and binds successive owners of the servient estate. Recording a conservation easement also gives notice to the county property appraiser and tax collector of the conveyance.

Section 704.07 authorizes solar easements obtained for the purpose of maintaining the exposure of a solar energy device to sunlight. A solar easement must be in writing and is subject to the same recording and indexing rules as any other instrument affecting title to real property.

Execution requirements

Florida's execution rules are stricter than the national norm. Under section 689.01, a deed conveying an interest in real property must be signed by the grantor in the presence of two subscribing witnesses, each of whom signs the instrument. The grantor's signature must also be acknowledged before a notary public or other officer authorized to take acknowledgments under section 695.03. The notary may serve as one of the two witnesses, but if the notary signs in both capacities, the notary must sign the instrument twice — once on a witness line and once in the notarial block. The witness signatures and the acknowledgment certificate must both be present and properly completed for the clerk to record the instrument.

Section 695.26 separately requires that the name and post office address of the person who prepared the instrument appear on the face of the document. A clerk will refuse to record an easement deed that does not contain the preparer's name and address.

Florida-specific traps

Several Florida-specific issues cause easement deeds to be rejected at recording or to surface as defects in a later title examination.

  • Homestead and spousal joinder. Article X, section 4 of the Florida Constitution protects homestead property and restricts its alienation. If the servient parcel is the grantor's homestead and the grantor is married, the non-owner spouse must join in conveying any easement that effectively alienates or materially burdens the homestead. This is true even when the spouse holds no record title to the land.
  • Marital status recital. Because homestead status turns on marriage and residence, Florida deeds customarily include a recital of the grantor's marital status. Title examiners rely on this recital, and its absence can raise objections during a later title search even where homestead is not in fact involved.
  • Documentary stamp tax. Chapter 201 imposes a documentary stamp tax on instruments conveying an interest in Florida real property when consideration is paid. The standard rate is $0.70 per $100 of consideration outside Miami-Dade County and $0.60 per $100 inside Miami-Dade. Whether stamps are due on a particular easement depends on whether consideration changed hands; the clerk computes and collects the tax at recording.
  • Legal description and plat references. The easement area must be described with sufficient precision to be located on the ground. For parcels within a recorded subdivision, the plat book and page reference is customary; for metes-and-bounds parcels, a surveyed description of the easement area is generally needed. A vague or floating description is a frequent source of later boundary disputes.
  • Conservation easement holder qualification. Section 704.06 limits who may hold a conservation easement to governmental bodies and charitable corporations or trusts whose stated purposes meet the statutory criteria. A conservation easement granted to a holder that does not qualify under 704.06 is not enforceable as a Florida conservation easement.

Recording the easement deed

Florida easement deeds are recorded with the clerk of the circuit court in the county where the affected real property is located. Recording places the instrument in the official records and provides constructive notice of its existence to subsequent purchasers, creditors, and other parties. Under section 695.01, an unrecorded conveyance is not effective in law or equity against creditors or subsequent purchasers for value without notice. Priority among recorded instruments is determined by the order and time of recording, so prompt recording protects the easement holder's position against later-recorded interests in the same land.

Included in the Florida easement deed package

  • The Florida easement deed form, formatted to satisfy section 689.01 execution requirements and the section 695.26 preparer identification rule
  • Line-by-line completion guidelines covering grantor and grantee identification, the legal description of the easement area, witness and notary blocks, and the marital status recital
  • A completed example showing how a typical Florida easement deed reads when properly filled in

Important: Your property must be located in Brevard County to use these forms. Documents should be recorded at the office below.

This Easement Deed meets all recording requirements specific to Brevard County.

Our Promise

The documents you receive here are guaranteed to meet or exceed the applicable Brevard County recording format requirements. If there is a rejection caused by our formatting, we will correct the issue or refund your payment. This guarantee applies to document formatting only and does not extend to information entered by the user, the selection of the form, or the legal effect of the completed document.

Save Time and Money

Get your Brevard County Easement Deed form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.

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