Florida Amendment to Easement (Powerline Easement)
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FAQ
Maintenance Responsibilities It's the government's duty to ensure drainage easement areas are properly maintained. However, they'll direct most of the maintenance responsibilities to the property owner. The easement holder will take charge of any construction and repair work needed in the area.
F.S. §704.01 provides for two distinct easements by way of necessity, an implied grant of necessity pursuant to subsection (1), which is, essentially, a codification of the implied way of necessity arising under common law when a common grantor conveys property in a manner that creates a ?landlocked? parcel of property ...
A utility easement is a designated parcel of land that gives utility companies the right to access private property for the good of the community. For example, a utility company may have the right to trim a tree in your backyard if it's interfering with telephone lines.
With an easement, a landowner, without sharing profits, has the right to use and enjoy another landowner's land. Easements are created either by a written contract or by implication in situations such as streets, parks, or alleyways.
An owner of an easement can deliver an express written release to the owner of the Servient Estate and thereby terminate the easement. Fla. Jur. 2d Easements §59.
A utility company may apply for an easement to run power lines over your property or pipes under it. This easement also allows them to enter your property for the purposes of maintenance on these lines or pipes.
§ 704.01(1) (2021). Once created, the location of the easement cannot be changed without agreement. When an easement is blocked, the easement owner may pass over the adjoining land as far as is necessary to avoid the blockade.
Utility easements and cable easements are types of easements that attach to a property and are often 15 to 20 feet wide and allow the utility companies to use your property for a particular use.