Real Estate Services Department

Frequently Asked Questions

When is an application for a Release of County Easement required?

An application for a Release of County Easement is required when any permanent item encroaches or may encroach into a County easement. The most common types of encroachments are portions of a single-family residence such as the foundation, the structure itself, and the roof overhang. Other common encroachments include portions of permanent structures such as garages, swimming pools, pool decks, and pool cages.

When is an application for an Occupation of a County Easement required?

An application for an Occupation of a County Easement is required when any item determined to be of non-permanent nature encroaches or may encroach into a County easement. The most common types of encroachments are concrete pads holding air conditioner compressors, pool pumps and equipment, detached concrete pads, fences, sidewalks and similar movable objects.

Who can apply for a Release or an Occupation of a County Easement?

  • The Current Property Owner

    • The current property owner can apply for a release or occupation of easement at any time.  Applications typically are generated for proposed construction or to resolve title problems. 

  • A Contracted Purchaser of the Property

    • A purchaser of any real property can only apply for a release or occupation of an easement under the following conditions:

      • The request for release or occupation relates directly to proposed construction scheduled to begin after transfer of ownership.
      • There is a bona-fide executed contract between the current owner of the property and the buyer for the property.

If you are the contracted purchaser of the property you will need to submit a signed and notarized Verification of an Executed Contract for Purchase and Sale of Real Property at the time you submit your application. 

What  are the Application Fees?

  • Application for Release of Easement $550.00
  • Application for Occupation of Easement $400.00
  • Combined application for Release and Occupation of Easement $750.00
  • Application for Occupation of County Right of Way $400.00

The application fee is non-refundable.

What are the methods of payment?

  • Cash
  • A check made payable to the Board of County Commissioners of Charlotte County.

Where do we send or deliver the completed application?

  • Send or deliver application to:
    Real Estate Services Department
    18501 Murdock Circle, Suite 503
    Port Charlotte, FL 33948
    Office (941) 206-3740
    Fax (941) 206-3753
    Email RES@charlottefl.com

Whom do I contact with questions about Rights-of-Way, Setback Requirements, Building Permits, Zoning By-Laws and Zoning Regulations?

Contact the Growth Management Department located in the County’s Administration Complex at 18500 Murdock Circle or telephone (941) 743-1238.

Real Estate Services Forms