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Encroachment agreements are legal agreements between two parties that resolve the issue created when the improvements made by one party encroach onto the property (or rights) of another party.
Driveways: The minimum width of an easement for driveway purposes is 30 feet. Pedestrian Facilities: A minimum of a 10 foot easement is required, but may need more depending on location and use. Private Roads: A 30-foot width will work for a private roadway with up to 6 users.
Spell out the ways in which your neighbor is interfering with your easement rights. Enclose a copy of the deed and highlight the relevant sections. Advise your neighbor that unless he stops the interference, you will pursue legal action. Hand-carry or mail your letter to your neighbor, remembering to keep a copy.
Usually, the owner of the easement is responsible for maintenance. 20 Fla. Jur. 2d Easements § 49 (2022).
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.
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.
The owner or tenant thereof, or anyone in their behalf, lawfully may use and maintain an easement for persons, vehicles, stock, franchised cable television service, and any utility service, including, but not limited to, water, wastewater, reclaimed water, natural gas, electricity, and telephone service, over, under,
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.
Yes, you can build on a property easement, even a utility easement.