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941.743.1200
18500 Murdock Circle
Port Charlotte, FL 33948

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Request for Release of Easement

The county will consider releasing utility and drainage easements that run through the middle of a site when two or more lots are being combined into a single building site. The county may request replacement of the side easements. The county will also consider the release of portions of canal maintenance easements for walkways, decks, pools and cages, boat docks and davits, but not enclosed buildings.

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 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

The county will consider the release of utility and drainage easements and portions of canal maintenance easements.

New Construction

Utility and Drainage Easements

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, requests are reviewed on an individual basis.

Canal Maintenance Easements

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. Requests will be reviewed on an individual basis.

Pre-existing Encroachments

Utility and Drainage Easements, and Canal Maintenance Easements

Requests 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. Requests will be reviewed on an individual basis.

To avoid possible problems will the County accept my plans for a preliminary review?

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. 

What documents and plans are required for the Release of a County Easement?

Current Property Owner
  • A completed worksheet - This can be found on our Real Estate Service's Forms page
  • An Original Site Plan (No larger than 11x17) 
  • An Original Signed/Sealed (raised) Sketch of Description of the area to be released (No larger than 8.5 x14)
  • The application fee is $550.00
  • If both a release and occupation of easement are needed the fee is $600.00
Contracted Purchaser 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 buyer of the property. 
  • An Original Site Plan (No larger than 11x17)
  • An Original Signed/Sealed (raised) Sketch of Description of the area to be released (No larger than 8.5 x14)
  • 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).
  • An Agent's Authorization Form, if necessary.- This can be found on our Real Estate Service's Forms page

What is the review and approval process for a Release of Easement?

Upon receipt of the properly completed request, the payment, fee and all required documentation and plans, Real Estate Services prepares an informational package for review 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 the legal and supporting documents specific to your request. Those documents include the deed releasing the easement area to the property owner(s), and supporting information and plans.

If approved, the deed releasing the easement area is recorded with the Clerk of Courts of Charlotte 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.

Where do we send or deliver the completed application?

Send or deliver the 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

What are my options if my request is denied?

If your request is not recommended for approval following the aforementioned review, Real Estate Services will inform you in writing accordingly. Administrative determinations (reviews/recommendations) can be appealed to the Board of County Commissioners.

Email us at: RES@CharlotteCountyFL.gov

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