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Florida - Brevard County Easement Deed Form

Deed Form Available For Download All Brevard County specific forms listed below are included in your immediate download:

Brevard County Easement Deed Form Page 1
Easement Deed Form - Brevard County
Fill in the blank form formatted to comply with all recording and content requirements.
Included | Document last updated 8/18/2016

Brevard County Easement Deed Guide Page 1
Easement Deed Guide - Brevard County
Line by line guide explaining every blank on the form.
Included | Document last updated 8/18/2016

Brevard County Completed Example of the Easement Deed Page 1
Completed Example of the Easement Deed - Brevard County
Example of a properly completed form for reference.
Included | Document last updated 8/9/2016

Brevard County Florida Easement Description Guide Page 1
Florida Easement Description Guide - Brevard County
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.
Included | Document last updated 8/18/2016

Transfer Tax Information
Transfer Tax Information *
Included supplemental form
This information sheet lists the transfer tax, which varies by municipality, as well as entities exempt from transfer tax. Information for contacting the Florida Department of Revenue is provided as well.

Documentary Stamp Tax Return for Unrecorded Documents
Documentary Stamp Tax Return for Unrecorded Documents *
Included supplemental form
If a document is not recorded, one of these tax forms must be filed in order to avoid a penalty payment. For registered taxpayers, the tax and return must be postmarked no later than the 20th day of the month following the collection period. For non-registered taxpayers, the tax and return must be postmarked no later than the 20th day of the month following the month the taxable document(s) is executed or delivered.

Notary Certificates
Notary Certificates *
Included supplemental form
The supplemental forms in this section can be used as loose certificates by Florida notaries.

*Supplemental forms (forms other than the actual deed form) are made available as a courtesy with your order. Supplemental forms come directly from the state or local jurisdiction that requires them, we offer no support for the supplemental forms, we did not make them.
Frequently Asked Questions:
  • How long does it take to get my forms?
    • Forms are available immediately after submitting payment.
  • How do I get my forms, are they emailed?
    • After you submit payment you will see a page listing the forms you ordered with a download link to the pdf form file. You download the forms to your computer. You will also receive an email with a link to your download page in case you need it later.
  • What type of files are the forms?
    • All of our forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.
  • Can the forms be re-used?
    • Yes. You can re-use the forms for your personal use. For example, if you have more than one property in a given county that you need to transfer you would only need to order our forms once for all of your properties in that county.
  • Are these forms guaranteed to be recordable in Brevard County?
    • Yes. Our form blanks are guaranteed to meet and exceed all formatting requirements set forth by Brevard County including margin requirements, content requirements, font and font size requirements.
  • Do I have to enter all of my property information online?
    • No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
  • Can I save the completed form, email it to someone?
    • Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.
  • What is included in the download?
    • A fill in the blank form used to create your Easement Deed.
    • A guide that explains every blank on the Easement Deed Form.
    • A completed example of the Easement Deed to give you an idea of what a properly completed document looks like.
    • All supplemental forms that may be required by Brevard County when recording your document.
  • Do I need any special software to use these forms?
    • You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.
  • Are there any recurring fees involved?
    • No. Nothing to cancel, no memberships, no recurring fees.

What is the Florida Easement Deed?

An easement is a non-possessory right to use another person’s land for a specific purpose. This right is granted by an easement deed. In Florida, easement deeds can be in many different forms, such as an implied grant of way of necessity, a statutory way of necessity exclusive of common law right, a conservation easement, or a solar easement.
An implied grant exists when a person has previously granted lands to which there is no accessible right-of-way, except over his or her land. In these instances, it is presumed that a right-of-way has been granted or reserved. A statutory way of necessity exclusive of common law right exists when any land, which is being used for dwellings or is desired to be used as a dwelling, or for agricultural or timber raising or cutting purposes is shut off or hemmed in by lands, fencing, or other improvements by other persons so that no practicable route of egress or ingress is available from the nearest public road from which the landlocked landowner has vested easement rights (704.01).
A conservation easement can also be created in Florida and can be held by a governmental agency or charitable organization whose purposes include protecting the natural, scenic, or open space values of real property. This type of easement runs with the land and is binding on all subsequent owners of the servient estate. The servient estate is the estate granting the burden. A solar easement is obtained for the purpose of maintaining the exposure of a solar energy device. Conservation and solar easements alike are subject to being recorded and indexed in the same manner as any other instrument affecting the title to real property (704.07).

In order for recording to take place, the execution of an easement deed must meet the requirements of any other real estate deed. Namely, it must be acknowledged by the party executing it, proved by a subscribing witness, or legalized or authenticated by a civil-law notary or notary public who affixes his or her official seal before the officers in the manner provided by law (695.03). The grantor’s signature requires two witnesses; however, the notary public can be one of the witnesses, but the notary must then sign the easement deed twice: both as a notary and as a witness. Acknowledgements made in Florida or in another state can be made by any of the officers listed in 695.03 of the Florida Statutes. A certificate of acknowledgement or proof, under the seal of the court or officer taking acknowledgements, should be attached to the easement deed presented for recording.

Recording an easement deed will place the document in the public records, which will provide constructive notice of its existence. The act of recording a conservation easement will provide notice to the property appraiser and tax collector of the county of the conveyance of the conservation easement (704.06-7). An easement deed is subject to the recording laws just as any other deed and will therefore not be good and effectual in law or in equity against creditors or subsequent purchasers for a valuable consideration and without notice, unless it is recorded according to law (695.01). The priority of documents is determined by the order and time of recording. Easement deeds and all other real estate documents affecting title are recorded with the clerk of the circuit court in the county where the property is located.

Areas covered by these Easement Deed Forms:
  • Brevard County
Including:
  • 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
 
Included Brevard County Easement Deed Forms
 
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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.
 
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We guarantee that you will receive access to the forms that you order and that those forms will be compliant with the recording requirements for the jurisdiction the forms were purchased for and the statutory requirements for content of the document.
 
 
 
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Product Rating Stars 9 out of 10 on 08/28/16

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Product Rating Stars 9 out of 10 on 08/10/16

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Product Rating Stars 9 out of 10 on 08/10/16

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