Hillsborough Florida Easement or Right of Way for Access to Property

State:
Multi-State
County:
Hillsborough
Control #:
US-0251BG
Format:
Word; 
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This form is an easement or right of way for access to property.
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FAQ

Fence and Property Line Laws in Florida: Overview Under Florida law, adjoining landowners are under no legal obligation to erect fences dividing their land. If one landowner does decide to build a boundary fence, the adjoining landowner is not obligated to share in this expense unless it was agreed to in advance.

The building distance limit depends on the structure you intend on building. It usually ranges between five to 15 feet. It is important to communicate property boundaries with your neighbor before beginning any permanent or semi-permanent projects, due to the risk of township or county penalties.

A. A minimum of 20 feet between principal buildings, rear yards at zoning lot boundaries of 15 feet (unless a greater setback is otherwise required), and side yards at district boundaries of ten feet shall be provided.

Building Fences on Easements Fences regularly get built along or across easements. Homeowners who do this must expect the chance that their fence might be pulled down by a dominant estate (utility company, for example). A few utility companies state that, as a courtesy, they will do their best to reconstruct the fence.

While it's possible to build a fence on an easement, keep in mind that the utility company may take the fence down in order to use the easement. However, they will typically repair the fence as best as they can once their work is finished. You can also build pools and hot tubs on easements.

It is prohibited to construct or install a fence or wall upon a drainage or street right-of-way, nor shall a fence or wall preclude access to the drainage or street right-of-way. § 170.118 EXEMPTIONS. Any property owner required by Fla.

Permanent Structures on Utility Easements Homeowners are typically not allowed to build a permanent structure where an easement runs, even though the land is legally theirs. This is because building that structure (such as a garage) may restrict the access rights of the utility to their equipment.

While it's possible to build a fence on an easement, keep in mind that the utility company may take the fence down in order to use the easement. However, they will typically repair the fence as best as they can once their work is finished. You can also build pools and hot tubs on easements.

Tampa, FL RS-75, RS-100, RS-150In All Other Residential DistrictsFrom front lot line60 feet60 feetFrom corner lot line15 feet7 feetFrom side lot line3 feet3 feetFrom rear lot line3 feet3 feet

Who is responsible for maintaining an easement? Usually, the owner of the easement is responsible for maintenance (20 Florida Jurisprudence 2d Easements section 49 2014). The parties to an express easement may alter their responsibilities by agreement.

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Hillsborough Florida Easement or Right of Way for Access to Property