It's one of the most common — and most avoidable — nasty surprises in Florida real estate. A buyer closes on a home with a big, beautiful backyard, plans a pool, an addition, or a workshop, and then discovers that a utility easement — often granted to Florida Power & Light or another utility decades ago — runs right through the spot they wanted to build. Even if the power lines are underground, invisible, or seemingly miles away, that recorded easement can legally stop the build.
Here's how easements work, why they survive from owner to owner, and — most importantly — how to find one before you buy the yard you can't actually use.
- A utility easement gives a utility rights across your land.
- You generally can't build permanent structures within it.
- It's recorded and runs with the land — every owner is bound.
- A title search + survey reveal it before you buy.
What a Utility Easement Is
An easement is a recorded right for someone else to use part of your land for a specific purpose. A utility easement gives a utility company (electric, water, sewer, cable, gas) the right to install, access, and maintain its lines and equipment across a defined strip of your property — often along the rear or side of the lot. You still own the land; the utility just has a superior right to use that strip for its purpose. Many Florida subdivisions have utility easements platted along every lot.
Why You Usually Can't Build On It
Because the utility needs to be able to access and maintain its equipment, you generally cannot place permanent structures within the easement — no pool, no addition, no slab, sometimes not even a shed or certain fences. The permit office knows where the easements are, which is why your pool plans can hit a wall. Building in an easement anyway risks having to tear it out at your own expense if the utility needs access. The easement effectively carves a "no-build" strip out of your otherwise-usable yard.
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Why It Survives Every Sale
Utility easements are recorded in the public records and "run with the land." That means they bind every future owner automatically, whether or not anyone mentions them at the closing table. The easement your subdivision's developer granted the power company in 1985 is just as binding on you today. It doesn't expire because the house changed hands, and it doesn't disappear because nobody talked about it — which is exactly why it can ambush an unprepared buyer.
"But the Lines Are Underground!"
A very common protest: the power lines are buried, or you can't see any equipment, so surely the easement doesn't really matter? Unfortunately, the easement is about the recorded right, not what's visible. Underground lines still need access for repairs and replacement, and the easement strip is protected whether the infrastructure is overhead, underground, or not yet installed. "I can't see it" is not the same as "it's not there" — the document controls, not the view.
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How to Find It Before You Buy
The good news: utility easements are exactly the kind of thing a proper closing surfaces, if you look:
- A title search reveals recorded easements, which appear as exceptions on your title commitment. Read those exceptions — don't skip them.
- A survey shows where the easements physically sit on your lot, so you can see whether they hit the spot you care about.
- Ask your closing agent to walk you through any easement before you sign, especially if you have backyard plans.
- Check with the utility and county if you're planning a major build, to confirm what's allowed.
A utility easement isn't a defect — it's a normal, disclosed feature of most Florida lots. The only real mistake is buying a home for its backyard without checking whether you can actually build in it. Surface it early, and there are no surprises.
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Frequently Asked Questions
Can I build a pool or addition over a utility easement in Florida?
Generally no. Because the utility needs access to install and maintain its equipment, you usually cannot place permanent structures — pools, additions, slabs, sometimes sheds or certain fences — within the easement. The permit office knows where easements are, and building in one risks having to remove it at your expense.
What is a utility easement?
A utility easement is a recorded right allowing a utility company to install, access, and maintain its lines and equipment across a defined strip of your property, often along the rear or side of the lot. You still own the land, but the utility has a superior right to use that strip for its purpose.
Does a utility easement go away when I buy the property?
No. Utility easements are recorded and run with the land, so they bind every future owner automatically, whether or not they're mentioned at closing. An easement granted decades ago is just as binding on a new owner today and does not expire because the property changed hands.
The power lines are underground — does the easement still apply?
Yes. The easement is about the recorded right, not what's visible. Underground lines still need access for repair and replacement, and the easement strip is protected whether the infrastructure is overhead, underground, or not yet installed. Not being able to see it does not mean it isn't there.
How do I find out if a property has a utility easement?
A title search reveals recorded easements, which appear as exceptions on your title commitment, and a survey shows where they physically sit on the lot. Ask your closing agent to walk you through any easement before signing, and check with the utility and county if you're planning a major build.
Is a utility easement a title defect?
No. It's a normal, disclosed feature of most Florida lots and appears as an exception on the title commitment. The issue isn't that it exists — it's making sure you know where it is before buying a home for a backyard you may not be able to build on.
