Real Estate Services Department
Release of County Easements
What kinds of releases are there?
There are two types of releases of easements: total and partial.
A full or total release of an easement may be granted when the County has no current or future use for the easement area. A common example of a full release of easement is when two lots are being combined into a single building site, the proposed improvements span both lots, common lot line easements would run through the middle of the combined site.
A partial release of an easement may be granted when the proposed encroachment(s) would not substantially affect the easement area and its intended use. Common examples of partial releases occur when a portion of the foundation of a proposed single-family residence, including lanai, pool deck or pool cage would encroach into the easement area (on the ground), or when a portion of the roof overhang would otherwise extend into the easement area (above the ground).
Considerations for Release of Easements or Portions thereof.
Because side and rear utility and drainage easements are a matter of public record and must be preserved for their intended uses, current and future, approval will not be recommended for release of side or rear utility and drainage easements, or portions thereof, for new construction or for new additions to existing structures. However, the County will consider releasing abutting side utility and drainage easements, or portions thereof, that run through the middle of a site when two or more lots are being combined into a single building site. When such a release is granted, the County may request that the applicant grant replacement side lot easement(s). Because of the uniqueness of easement configurations and uses, applications are reviewed on an individual basis.
Depending upon the width of the existing easement specific construction proposed, applications for release of portions of canal maintenance easements may be granted. In general, permitted construction includes walkways, decks, pools and cages, other fences, boat docks and davits, but not enclosed buildings. Applications will be reviewed on an individual basis.
Applications may be made for release of portions of side utility and drainage easements and canal maintenance easements for existing encroachments in which the release is required to clear title to the property. Applications will be reviewed on an individual basis.
To
avoid possible problems will the County accept my plans for a
preliminary
review before I must submit a
formal application?
-
Preliminary Review of Plans – New Construction
If you are considering new construction or an addition to existing improvements which will encroach into side or rear utility and drainage easements or canal maintenance easements you are encouraged to contact Real Estate Services for a brief, preliminary review of your plans. Upon review, we will inform you if your application is similar to previous applications which have been approved with the explicit understanding that no approval is expressed or implied by the preliminary review.
What documents and plans are required for the Release of a County Easement?
- A
Signed Application
- Current
Property Owner
- A completed application signed by all property owners.
- Contracted
Purchaser of the Real Estate
- A completed application
signed by all contracted
purchasers of the real estate. - A notarized affidavit that a bona-fide contract for the sale
and purchase of the real estate has been executed
between the current owner of the property (seller) and the
applicant (the buyer). - A copy of the deed indicating
the applicant as the
owner of the real estate. (To be delivered to Real
Estate Services immediately after closing).
- A completed application
signed by all contracted
- Current
Property Owner
- An Agent's Authorization Form
- An Original Signed/Sealed (raised) Boundary Survey
- An Original Site Plan
- An Original Signed/Sealed (raised) Sketch of Description
What is the review and approval process for a Release of Easement?
Upon receipt of the properly completed application, the application fee and all required documentation and plans, Real Estate Services prepares an informational package reviewed by various County Departments and all utility companies with an interest in the affected easement area. If no objections are raised during the review process, Real Estate Services prepares and submits the legal and supporting documents specific to your request to the County Attorney for review. Those documents include the resolution that must be approved by the Board of County Commissioners, the deed releasing the easement area to the property owner(s), and supporting information and plans. When the application process has been completed, Real Estate Services prepares the documents for Board of County Commissioners consideration.
If the Board approves the request, the resolution and the deed releasing the easement area are recorded with the Clerk of Courts of Charlotte County by the County. A copy of the deed will be sent to you for your records.If any objections are raised during the review process, you will be notified of those objections and given an opportunity to discuss the objections with the appropriate department or utility company.
What are my options if my application is denied?
If your application is not recommended for approval, following the aforementioned review, or is subsequently denied by the Board of County Commissioners, Real Estate Services will inform you in writing accordingly. Administrative determinations (reviews/recommendations) can be appealed to the Board of County Commissioners.
