Confusion around an easement
The Hartls say they did their due diligence. They worked with Hernando County officials and hired a builder to draft plans for their home. County records confirmed the property was zoned for residential or agricultural use.
“I was getting the green light on everything,” Hartl told reporters. “My property was being brought up on the GIS map at the county, I got my setback, what I could and couldn’t do. I could bring a modular home in, a mobile home, or I could do a single-family residence.”
But their plans came to a screeching halt when a neighbor informed them Duke Energy had an easement on the property. At first, county workers insisted she could still build. However, further research uncovered a 1955 document in public records that created a utility easement prohibiting construction within 100 feet of the pole in any direction.
The result? Nearly the entire property is unusable for building, leaving just a small 600-square-foot corner that can’t accommodate even a modest home due to septic and well requirements. When Consumer Investigator Shannon Behnken asked Duke if it would be willing to purchase the property since they are the only company able to use it, they sent a statement, which said, in part:
“These easements and their setbacks are in place to ensure the safety of our customers and our crews, while also protecting any current or future equipment contained within these areas to deliver safe, reliable power. It’s important to understand, Duke Energy Florida is not involved in the sale of real estate transactions that may include our easements.”
While the couple is unable to build on the land, they are still responsible for paying taxes on the property. Hernando County has since reduced the assessed value by 50% to $6,691, but the Hartls are still stuck with a $17,500 plot of land they can’t use.
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Learn MoreDealing with an easement dispute
The Hartls’ predicament highlights the importance of understanding how easements work and their impact. Easements are legal agreements that grant specific usage rights to a third party, such as a utility company to access poles on your land or a neighbor to use a passageway.
Understanding your rights is key when dealing with an easement. Research local laws covering easements and consult legal experts if you believe your rights are being violated. In some cases, filing for injunctive relief may be used to pause further development or enforcement of an easement. A legal expert can help you determine if this is a possible solution.
Before purchasing a property, review public records. Many easements, like the one impacting the Hartls, are recorded in public records. Title searches and surveys should mention these easements, but it’s smart to double-check the public record, especially for older properties where easements might have been recorded decades ago.
The Hartls’ situation also highlights the value of having title insurance. Even the most meticulous search of public records may miss issues with the title or easements. Title insurance protects property buyers from losses caused by undisclosed liens, easements, unpaid taxes, forgeries, fraud, and other undisclosed challenges related to the title.
While it’s not foolproof, it can offer some protection against issues like undisclosed easements that make your property essentially unusable. If you do discover an undisclosed easement that creates a burden, work with local city or county officials to find a solution.
Depending on the issue, you may be able to petition to have the easement moved, rezone the property, or negotiate with the company or individual holding the easement to find a solution.
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