Easements and Right of Way

What is an Easement?

An easement is a right of use granted over the property of another. The best examples are electrical utilities, water lines and access areas. The existence of an easement on your property does not impact your ownership, but rather provides for the use of a portion of your property for a specific purpose by another, non-title holding individual or entity.

What is a Right-of-Way?

The most common example of a right-of-way would be a roadway. In the case of a County maintained road, the land, or right-of-way is publicly owned, but you enjoy the use of it. The right-of-way is not necessarily limited to the paved or unpaved travel area of the road itself, but often includes the shoulders. Drainage ditches, sidewalks and other related structures and improvements are often located within the road right-of-way, but just outside the travel surface of the roadway. The width of this non-traveled area can vary.

The difference between the two is perhaps most easily understood through comparison. With an easement, you own the property and pay taxes on it, but someone else reserves the right to use it in a specific manner. With a Right-of-Way, someone else owns the property, but you enjoy the use of it (within predefined limits).

For information on rights-of-way and easements, there are two areas that might be of interest.

Land Acquisition

2725 Judge Fran Jamieson Way
Building A Room 204
Viera, Florida 32940
Phone: (321) 690-6847
Fax: (321) 633-2083

Land Acquisition is primarily responsible for coordinating the purchase of property for the County in association with road projects and facilities. The public often contact them for information on legal descriptions, and rights-of-way/easement locations. They can also help identify if a road is private or public.

Land Acquisition specialists are responsible for negotiation and acquisition of all real property, permanent easements, and temporary easements. Land acquisition specialists acquire property for roadway widening and drainage projects, public libraries, landfills, and related projects.

Land acquisition specialists review site plans and subdivision plans to ensure that adequate right-of-way is present. The proposed development is reviewed as to its location in relation to existing easements/right-of-way to ensure that no infringement exists. This is especially important in those instances where the easement/right-of-way interest is held by the public or individuals other than the developer, and the vacating process must be followed prior to development. Land acquisition specialists provide the public with right-of-way width and easement information, and determine whether a road is public or private.

Survey Department/Vacating Program

Amber Holley, Operations Specialist 

2725 Judge Fran Jamieson Way
Building A Room 220
Viera, Florida 32940
Phone: (321) 350-8346
Fax: (321) 633-2083

The Vacating Program processes vacating requests for the abandonment of roads, rights-of-ways, and easements that are currently held in favor of Brevard County. The vacating staff is responsible for the review and coordination of these requests with the appropriate agencies, and for soliciting field comments as required. The Vacating Office is located in the Survey Department. A public hearing is required before the Board of County Commissioners for all vacatings. These hearings must be advertised in a general circulation newspaper.

Below are forms that must be completed to start the Vacating Procedure. You need to fill out and include Exhibit A, B and C.

Vacating Packages

To obtain the names of the property owners within five hundred (500) feet of the property sought to be vacated, contact the following office by email:

Information Technology / GIS

Viera: 2725 Judge Fran Jamieson Way, Viera, FL

GIS@BrevardFL.gov

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