Floating Easement Law and Legal Definition

A Floating Easement refers to an easement where there is no fixed route, location, method or limit to the right of way. Such easements are not limited to any specific part of the servient estate. For example, a right of way may cross a field, without any visible path, or allow egress through another building for fire safety purposes. Floating easements are also referred as blanket easements.

In TCI, Inc. v. Schriock Holding Co., 11 F.3d 812, 816 (8th Cir. N.D. 1993)), a floating or blanket easement is described as as follows:

“It is a blanket easement that fails to define or specify either the location, width, length, or other dimensions of the actual strip(s) of property to be (or actually) utilized***. **** A blanket easement even if recorded fails to notify the public of the specific allotment of property that is dedicated to public use. While the smaller portion actually used may be ascertainable as between the owner and the grantee of the easement at the time of the trenching, it certainly is not readily known to the public.”