Floating Easement

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Floating easement is an express easement where the location of the easement is not specified yet. For different reasons, like uncertainty of where to place a water line, an owner may grant an easement without knowing the specifics of where the easement will be. Courts are wary about floating easements because unspecified details by their nature can lead to misunderstandings among the parties. Floating easements are expected to eventually be pinned down to the specific area of the easement, and courts will treat the use of a particular piece of land after granting a floating easement as the resolved location in future litigation. 

[Last updated in July of 2021 by the Wex Definitions Team]