Debbie Neuberger SVP, Customer Care | realtors.com
A couple from North Dakota, Donna and Rion Hartl, have encountered significant obstacles in their plans to build a family home on a $17,500 plot of land they purchased in Brooksville, Florida. The issue stems from an existing utility easement with Duke Energy that prohibits construction near a utility pole on the property.
Initially, the Hartls believed they had found the ideal location for their new home. They verified that the land was zoned for both residential and agricultural use and began designing their house. However, after purchasing the land and selling their North Dakota home, they learned from a neighbor about an easement dating back to 1955. This easement restricts building within 100 feet of the utility pole, leaving them with only 600 square feet of usable space.
"My husband’s a carpenter," Donna explained as they attempted to find a solution by re-measuring the space multiple times. Despite these efforts, it became clear that building on the property was not feasible due to these restrictions.
Seeking resolution, they contacted Duke Energy but were only provided with documentation confirming the longstanding easement. The property's value has since been reduced significantly, adding financial strain as they still owe property taxes and are engaged in legal proceedings to recover their purchase costs.
“There are so many twists and turns to this,” Donna stated. She has filed complaints with state authorities regarding nondisclosure of the easement by involved parties during the sale process.
The survey company involved in their purchase is Nexgen Surveying LLC. It previously agreed to pay settlements over cases involving inaccurate surveys.
Currently living in an RV park after selling their previous home, Donna expressed frustration over ongoing expenses: “I’m now stuck paying $4,000 staying in an RV park.” The couple is considering alternative uses for their land such as open storage or commercial zoning options to generate income.
Alerts Sign-up