Hillsborough County, Florida, recognizes that property owners may require a legal right of way for access to their premises or for other necessary purposes. A Hillsborough Florida easement or right of way for access to property grants individuals or entities the legal right to use another person's land for a specific purpose, such as accessing their property or utility services. These easements ensure the convenience and functionality of property ownership in a regulated manner. There are different types of Hillsborough Florida easements or rights of way for access to property, including: 1. Private easements: Private easements are established through agreements between private parties. These could involve neighboring property owners granting each other access to their properties through an easement. These easements are legally binding and recorded in public records to ensure clarity and prevent any potential disputes in the future. 2. Public easements: Public easements allow governmental entities, such as counties or municipalities, to access private properties for public purposes. These could include constructing or maintaining public roads, sidewalks, or utility lines. Public easements are typically established through formal processes and are essential for the proper functioning and development of communities. 3. Utility easements: Utility companies often require access to private properties to install, repair, or maintain utility infrastructure like power lines, gas lines, or water pipes. Utility easements grant these companies the legal right to access the property for these specific purposes while ensuring the property owner's rights are not infringed upon. 4. Conservation easements: Conservation easements aim to protect and preserve natural or cultural resources while allowing limited public access. These easements are often created voluntarily by property owners to restrict certain activities on their land, such as development or commercial exploitation, in favor of conservation efforts. They are crucial in protecting critical ecosystems and historical sites for future generations. 5. Access easements: Access easements provide specific individuals or entities with the legal right to access a property through designated pathways or routes. These easements are common in scenarios where a property may be landlocked, surrounded by other private properties, thus requiring access across neighboring properties to reach the main property. In Hillsborough County, Florida, these various easements or rights of way for access to property serve to regulate and balance the needs of property owners, private parties, and public entities. Through legally binding agreements and proper documentation, these easements ensure smooth and regulated access to properties and the development of essential public infrastructure.
What Is A County Easement
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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.