When Donna Hartl and her husband bought a vacant lot in Brooksville, Florida, they thought they had found the ideal location for their dream home. Nestled between Islewood Drive and Richbarn Road, the $17,500 property appeared ideal.
“We really wanted to have some privacy, not be stranded out in the country,” Donna Hartl told News Channel 8 reporters. “We just felt this was the perfect match.”
However, as they prepared to build, the couple encountered an impediment: a decades-old Duke Energy easement that prevents construction on their new lot due to restrictions on how close homes can be built to a new transmission pole. Now, they are
Confusion around an easement
The Hartls claim they did their due diligence. They collaborated with Hernando County officials before hiring a builder to create plans for their home. County records verified the property’s zoning for either residential or agricultural purposes.
Hartl informed journalists that he was receiving approval for everything. The county’s GIS map displayed my property and informed me of my setbacks and what I could and could not do. I could bring in a modular or mobile home, or I could build a single-family home.”
However, their plans were halted when a neighbor informed them that Duke Energy had an easement on the property. Initially, county workers insisted that she could still proceed with her plans.
However, additional research turned up a 1955 document in public records that established a utility easement prohibiting construction within 100 feet of the pole in any direction.
What was the result? Almost the entire property is unsuitable for construction, leaving only a small 600-square-foot corner that cannot support even a modest home due to septic and well requirements.
When Consumer Investigator Shannon Behnken questioned Duke about their willingness to purchase the property, given their unique ability to use it, they responded with the following statement:
“These easements and setbacks are in place to ensure the safety of our customers and crews, as well as to protect any current or future equipment contained within these areas so that we can provide safe, reliable power.
It is critical to understand that Duke Energy Florida does not participate in the sale of real estate transactions that may include our easements.”
Although the couple is unable to build on the land, they are still responsible for paying property taxes. Despite Hernando County’s 50% reduction in the assessed value to $6,691, the Hartls remain unable to utilize their $17,500 plot of land.
Dealing with an easement dispute
The Hartls’ situation emphasizes the importance of understanding how easements work and their implications.
Easements are legal agreements that grant specific usage rights to a third party, such as a utility company accessing poles on your property or a neighbor using a passageway.
Understanding your rights is essential when dealing with easements. If you suspect a violation of your rights, familiarize yourself with local easement laws and seek advice from a legal expert.
You can use injunctive relief in certain cases to halt further development or enforce an easement. A legal expert can assist you in determining whether this is a viable solution.
Review public records before purchasing a property. Public records document many easements, including the one affecting the Hartls.
Title searches and surveys should include these easements, but it’s a good idea to double-check the public record, especially for older properties where easements may have been recorded decades ago.
The Hartls’ situation emphasizes the importance of having title insurance. Even the most thorough search of public records may overlook issues with the title or easements.
Title insurance protects property buyers from losses due to undisclosed liens, easements, unpaid taxes, forgeries, fraud, and other title-related issues.
While not foolproof, it can provide some protection against issues such as undisclosed easements that render your property virtually unusable.
If you discover an undisclosed easement that imposes a burden, consult with local city or county officials to find a solution.
Depending on the situation, you may be able to petition to have the easement moved, rezone the property, or negotiate with the company or individual holding it to find a resolution.
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