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941.743.1200
18500 Murdock Circle
Port Charlotte, FL 33948

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Request for Occupation of Easement

The county will consider occupation of easements for encroachments resulting from new construction or new additions. Occupations may be granted for landscaping, walkways, driveway extensions, pool equipment and air conditioner pads, dock access structures and seawalls.

Under what conditions does the County consider the granting of an Occupation of a County Easement?

New Construction

Utility and Drainage Easements

The county will consider occupation of side and rear utility and drainage easements for encroachments resulting from new construction or new additions to existing improvements on an individual basis. Occupations may be granted for fencing, walkways, and air conditioner pads. Occupations will not be granted for portions of buildings, block walls, or roof overhangs.

Canal Maintenance Easements

Depending upon the depth of the existing easement specific construction proposed, applications for occupation of portions of canal maintenance easements may be granted. In general, permitted construction includes walkways, other fences, boat docks and davits, but not enclosed buildings. Requests will be reviewed on an individual basis.

Pre-existing Encroachments

Utility and Drainage Easements and Canal Maintenance Easements

The ccounty will consider approving the occupation of side utility and drainage easements and canal maintenance easements for existing encroachments. Each request will be reviewed on an individual basis. Occupations will not be granted for portions of buildings, block walls, or roof overhangs.

To avoid possible problems can I have my plans reviewed before submitting a formal request?

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. 

What plans and documentation are required for an Occupation of a County Easement and Preliminary Review of Plans - New Construction?

Current Property Owner
  • A signed request - This can be found on our Forms page 
  • A site plan showing the easements on the property and the proposed encroachments. The site plan can be no larger than 11x17.
Contracted Purchaser of the Real Estate
  • A completed request - This can be found on our Forms page
  • A site plan showing the easements on the property and the proposed encroachments.
  • A notarized Affidavit verifying that a contract for Purchase and Sale of Real Property estate has been executed between the current owner of the property (seller) and the buyer of the property
  • 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)

What is the review and approval process for an Occupation of Easement?

Upon receipt of the properly completed worksheet, payment of fee , and all required documentation and plans, Real Estate Services prepares an informational package that is 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 a formal Agreement and Consent to Encroach on County Easement for your review and signature. The Agreement and Consent is recorded with the Charlotte County Clerk of the Circuit Court.

If any objections are raised during the review process, you will be notified of those objections and given an opportunity to discuss them with the appropriate department or utility company.

Where do we send or deliver the completed application?

Send or deliver the completed application and required documents to...
Real Estate Services Division
18500 Murdock Circle Bld. B Suite 208
Port Charlotte, FL 33948

What are the methods of payment?

  • Cash (The exact amount is required as the Real Estate Services Division does not keep petty cash in the office)
  • A check made payable to the CCBCC (Charlotte County Board of County Commissioners)
  • Visa or Mastercard

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Questions? Issues?

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