WHAT IS AN EASEMENT?

An easement is generally defined as one party’s right to use land owned by another party. This legal right of usage limits the ability of the land owner to use the defined area for certain purposes. A property owner is restricted from constructing permanent improvements in an easement area, if that construction would violate the right of usage of the area by the specific party to whom the easement has been given.

The City’s Land Development Regulations define an easement as a grant of land reserved for public utilities, drainage, or other public facilities or services, the title to which shall remain in the name of the property owners, subject to the right of use designated in the reservation of servitude.

Easements may in certain circumstances be deeded, or dedicated, to the City or to the public. Such easements allow the City and/or utility companies the right to do things within the area of the easement, such as install and maintain utility lines. Often the City requires an easement to be deeded or dedicated at the time of initial development, which is typically the subdivision or site development stage. The City does this to ensure that utility service will be available to the land in question, or in some circumstances, to abutting land owners. Most newly created lots in residential subdivisions contain standard lot easements along the rear and side property lines for this purpose.

WHAT IS AN EASEMENT VACATION?

When an easement is vacated, the right of one party to use land owned by another is removed.  The property owner would no longer be restricted from making improvements in an easement area.

WHAT IS THE PROCESS TO VACATE AN EASEMENT?

The City allows landowners to eliminate or “vacate” easements when it is determined that the easement is not being used, and there is no apparent use for the easement in the future. More specifically, the City of Titusville uses the following process to assist property owners with the easement vacation process:

1.         Obtain an Easement Vacation Application from the Planning Department. A representative from the Department will be able to discuss specifics and answer questions concerning the proposed easement vacation. (An Easement Vacation Application is available for download at the bottom of this page.)

2.         A letter will need to be obtained from all utility companies. In the Easement Vacation Application package is a sample letter that may be sent to each of the utility companies in order to request a letter for the defined easement area.

3.         A list of required documentation and the application fee amount are stated on the application form. Upon receipt of the completed application, required documentation, and the application fee, the Planning Department will proceed with the easement vacation process.

4.         The Planning Department staff will forward the application to the City Clerk’s office to be scheduled for review and recommendation by the Planning and Zoning Commission and action by the City Council. The City Council approves easement vacation applications as a resolution through a majority vote at City Council meetings, which are open to the public.

5.         If the easement vacation is approved at the City Council meeting, the City Clerk will have the resolution recorded with Brevard County Clerk’s office. A letter is provided to the applicant stating the results of the City Council vote. If approved, a copy of the recorded resolution will also be provided to the applicant completing the easement vacation process.

The easement vacation process usually takes four (4) to six (6) weeks to complete upon receipt of the completed application, required documentation, and the application fee. Any questions concerning the process, the status of an application, or the status of releases received from utility companies may be made through the Planning Department, located on the second floor of City Hall.

EAP.pdf (842.5KB)   Easement Vacation Application

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