The right of an individual to acquire, possess, and convey real property is fundamental to our society and economy. In Florida, the scope of private property rights is derived from principles rooted in common law, case law, and statutory law. One significant principle that has become the subject of recent legislation is private land use arrangements that burden and “run with the land” so as to bind all future owners of the real property.

These private land use arrangements, generally known as “servitudes,” allow for long-term property use arrangements that can be used for many different purposes. Two of the most commonly recognized and used servitudes in Florida are easements (a nonpossessory right of use or enjoyment in another person’s land for a specific use or purpose) and covenants (restrictions on the use of property).With respect to easements, Florida courts have consistently applied the common law merger doctrine, which prevents an owner from creating an easement on their own property by automatically terminating any easements that exist when the dominant and servient estate are vested in the same owner. See, e.g., King v. Roorda, 355 So. 3d 1001, 1003 (Fla. 2d DCA 2023) (noting that one cannot grant oneself an easement in one’s own property). The rationale behind the merger doctrine is that a property owner has the right to freely use their property without any restrictions and therefore, it would be unnecessary for an owner to create an easement on their own property.