Palm Beach Florida General Easement for Utilities

State:
Multi-State
County:
Palm Beach
Control #:
US-EAS-34
Format:
Word; 
Rich Text
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Description

A permanent utility easement and right of way with the right to erect, construct, install, lay and thereafter use, operate, inspect, repair, maintain, replace, and rework water lines, water pipe lines, water facilities, manholes, pump stations or other appurtenances thereunto required, over, across and/or under a certain parcel of real property.

An easement gives one party the right to go onto another party's property. That property may be owned by a private person, a business entity, or a group of owners. Utilities often get easements that allow them to run pipes or phone lines beneath private property. Easements may be obtained for access to another property, called "access and egress", use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. The easement is a real property interest, but separate from the legal title of the owner of the underlying land.
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FAQ

Stat. § 704.01. 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 easement, in general, is a right to go onto someone else's land without having any ownership interest in it. You will often hear of it as a nonpossessory interest in another person's property.

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.

Right-of-Way Width - The minimum right-of-way widths in all manufactured home rental communities shall not be less than sixty (60) feet for local roads, seventy (70) feet for collector roads, or eighty (80) feet for arterial roads.

There are several types of easements, including: utility easements. private easements. easements by necessity, and. prescriptive easements (acquired by someone's use of property).

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.

Some widths may be less than 20 feet. Other Utilities: Power, cable, telephone, etc., require a minimum of a 10-foot easement, but may need more depending on the location of the easement.

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.

Utility Easements and Homeowners Every utility company, such as Florida Power & Light, are given legal easements on the land over or under which their lines run. They are only allowed to use the property to gain access to their equipment, such as powerlines or electrical poles or towers.

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Palm Beach Florida General Easement for Utilities