Growth FAQ - Planning & Zoning

What is an easement and how do I determine whether one applies to my property?

Sec. 1-2, TLDC, defines an easement as "...an interest in real property generally established in a recorded deed or on a recorded plat to permit the use of land for a special purpose or variety of purposes." Generally speaking, most easements are created when a project receives its initial approvals. For example, a lot may have an easement for underground utilities, like water, sewer, cable, or electrical. An easement might also be created for above ground features like a drainage culvert, a stormwater pond, or a conservation area. Typically, an easement permits a limited use (like a utility line) on private property. The utility doesn't own the land. Rather, the easement gives them the right to conduct the stated activity on the site. This is important because easements also typically allow utilities to conduct periodic maintenance as may be needed. If a property owner puts a shed or flower garden in an easement, it may have to be removed if the utility must do maintenance on the line. If you have questions about an easement on your property, please call the Growth Management Department at 850-891-7001, option 4.