When you buy a Sarasota home and it has land associated with it, your property survey and title might indicate a utility easement. An easement allows someone other than the property owner the right to access or cross over the land.
Easements are created for a specific purpose, however. For instance, on Siesta or Lido Key, an easement may allow residents to walk along the edge of a landowner’s property in order to access the beach. Similarly, an easement held by an electric utility provider permits workers to build, erect and maintain power equipment on your land. As noted, a utility easement gives the electric power company the right to be on your property for this specific purpose only.
Utility Easements and Homeowners
Many Sarasota area homeowners have underground or overhead power lines running through their properties. 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. This may be especially true if you live in more rural areas. However, an easement holder (the electric company) doesn’t own the land.
Property Owner Rights
If your property “hosts” a utility easement, you’re entitled to use of the land over which the easement covers, but you are not allowed to unreasonably interfere with the legal right of the utility easement holder to have access to or utilize its easement.
Do I Pay Taxes on the Property Easement? Yes, you are required to pay property taxes even for the land set aside as an 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. Electrical and other utility companies often do erect permanent structures on their easements in order to support the electrical services they provide, but if you wish to build a structure you will need to obtain permission from the easement holder to do so.
What About Swimming Pools? Many times prospective homeowners get an unwelcome surprise when they have their survey done and find out that a swimming pool actually overlaps the easement. Although incidents are rare, it is possible that the utility company can compel a homeowner to remove a permanent structure which is impeding their access. (see below) If the pool has been there for years, it is unlikely – however, you should consult a real estate attorney for more information on your options and rights.
Easement Expiration
If there’s an easement present on your property, it should be evident on the property’s title history and the survey. Easements, such as those for utility companies, don’t typically expire, but instead “run with the land.” This means the easement remains in force even when the property is sold or changes hands. A new property owner must honor the usage rights and privileges of the easement’s holder which always existed. If you are purchasing a new property, ask your title company or real estate attorney to explain the easements which may exist on your property.
Once electricity is on your property and runs into your home, it is up to you to keep it running efficiently and safely. At Promise Electric, our name says it all. We take great pride in our reputation as one of Sarasota’s most trusted electrical service providers- both for residential and commercial properties. no matter your electrical issues, you can trust our team of master electricians.
