Utility Easement Restrictions Information
Utility easements restrict: construction within the easement (building structures, fences, and walls is generally prohibited), landscaping within the easement (trees with deep root systems may be prohibited; the utility may have the right to remove vegetation that interferes with its infrastructure), grading and excavation (altering the grade within the easement may be prohibited to protect underground utilities), and parking and storage (vehicles, equipment, and storage containers may not be placed within the easement area). The utility company has the right to: access the easement at any time for maintenance, repair, and emergency purposes, remove obstructions within the easement (including structures, vegetation, and other items placed within the easement without authorization), and expand its infrastructure within the easement (to the extent permitted by the easement terms).
Florida Legal Definition
Utility easements in Florida are typically: granted in the subdivision plat (dedicated to the utilities during the platting process), granted by separate recorded easement agreement, or created by prescription (if the utility has used the property for 20+ years without permission). Under Florida law: utility easements are property interests that run with the land (they bind future property owners), the utility has the exclusive right to use the easement area for the specified utility purpose, and the property owner may use the easement area for purposes that do not interfere with the utility's use (such as: mowing, gardening, and other non-permanent activities). Under ยง704.01, easements appurtenant are: interests in land that run with the land and bind all subsequent owners.
How It's Used in Practice
In practice, attorneys evaluate utility easement restrictions in property transactions and development projects. The attorney: identifies all utility easements during due diligence (reviewing the survey, plat, and title commitment), evaluates the impact on the property's use (determining whether the easement restricts the buyer's intended use or development), coordinates with the utility company (for requests to: relocate the easement, modify the easement terms, or obtain permission for specific uses within the easement), and advises on the consequences of encroaching on the easement (the utility may remove unauthorized structures without liability). Common issues include: structures built within utility easements (the utility may require removal at the property owner's expense), tree roots that damage underground utilities (the property owner may be liable for damage caused by trees planted within the easement), and development plans that conflict with utility easement locations (requiring the easement to be relocated, which may require the utility's consent and significant cost).
Key Takeaways
- Utility easements restrict: building, landscaping, and grading.
- Utility has right of access for maintenance and repair.
- Obstructions may be removed by utility without liability.
- Identify all utility easements in survey and title review.
- Relocating easements requires utility consent and may be costly.
Disclaimer: The information and opinions provided are for general educational, informational or entertainment purposes only and should not be construed as legal advice or a substitute for consultation with a qualified attorney. Any information that you read does not create an attorney–client relationship with Barnes Walker, Goethe, Perron, Shea & Johnson, PLLC, or any of its attorneys. Because laws, regulations, and court interpretations may change over time, the definitions and explanations provided here may not reflect the most current legal standards. The application of law varies depending on your particular facts and jurisdiction. For advice regarding your specific situation, please contact one of our Florida attorneys for personalized guidance.
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