What are the differences between Building Restriction Lines, Easements and Setbacks?

When you first contact Oak Wells Aquatics regarding your new pool build, your pool designer will ask for your land survey. From this, we are able to determine where your pool can be built. The three invisible lines that we must pay attention to are setbacks, building restriction lines (BRLs), and easements. Homeowners often use these terms interchangeably. They aren't the same, and mixing them up can lead to permit denials and redesigns.

Here's what each one means, how they differ, and how to find them before your design is final.

Setbacks: The Local Government's Rule#

A setback is the minimum distance a structure must sit from a property line, another structure, or a feature like a seawall. Setbacks come from your city or county zoning code, and they apply to every lot in a given zoning district.

For pools, setbacks typically control:

• Distance from side and rear property lines — measured to the water's edge, the deck, or the screen enclosure, depending on the code
• Distance from the house (select municipalities) — to protect the home's foundation during excavation
• Distance from septic systems, wells, or seawalls — common in coastal and rural parts of Florida
• Front-yard/ Side-yard restrictions — many codes don't allow pools in front of the home at all, and in some instances side yards (Corner Lots)

One detail that catches homeowners off guard: pools, decks, and screen enclosures can each have different setbacks. Your pool and screen enclosure might not clear the line while your pavers might be able

Setbacks are enforced through the permit process. If a plan doesn't meet them, the building department won't approve it. Unlike easements where you can apply for a variance, setbacks are usually a hard red line.

Building Restriction Lines: Homeowner’s Association’s Rule#

A building restriction line (BRL) is a line drawn on your subdivision's recorded plat or in its deed restrictions. It marks an area of the lot where certain structures can't be built.

BRLs often look like setbacks on paper, but they come from a different source:

• Who creates them: the developer, at the time the subdivision was platted — not the zoning code
• Who enforces them: often the HOA or neighboring owners, through deed restrictions or covenants
• Where they apply: only to the lots in that subdivision

The key point: a BRL is an additional item on top of the zoning setback. If the county allows a pool 7.5 feet from the rear line but your plat shows a 15-foot BRL, the plat may control. A permit approval doesn't always mean you're clear of private restrictions, either. Some building departments don't check deed restrictions at all.

Whether a pool, deck, or screen enclosure counts as a "building" under a BRL depends on how the restriction is worded. That's a question for your plat, your HOA documents, and sometimes a real estate attorney. Remember the word “Building”. BRL’s typically mean a “Building” cannot encroach into the BRL, whereas “accessory” structures can i.e. Pool, deck, screen enclosure, sheds. This is determined by the governing body such as the HOA/ARB of your development.

Easements: Someone Else's Right to Use Your Land#

An easement is different in kind. It isn't a distance rule — it's a legal right that lets another party use part of your property for a specific purpose. You still own the land, but you can't block that use. Many surveys do not have easements.

Common easements on residential lots include:

• Utility easements — for power, water, sewer, cable, or gas lines
• Drainage easements — swales and pipes that move stormwater between lots
• Access easements — a path for a neighbor or utility crew to reach something
• Pond easements – For landscape maintenance

For a pool, easements carry the highest stakes. Building a permanent structure inside one can mean:

• Removal at your expense if the easement holder needs access
• No compensation if a utility crew damages decking or landscaping while doing their work
• Drainage problems that flood your yard or a neighbor's
• Title issues when you sell the home

In some cases, the easement holder will sign an encroachment agreement or the easement can be released. Treat that as the exception, not the plan.

How to Find These Lines on Your Property#

Most of the answers are already in your closing paperwork. Start with:

1. Your property survey — shows lot lines, existing structures, and usually easements and BRLs. If it's more than a few years old or you've added a patio or shed, a new survey may be needed for the permit.
2. Your subdivision's recorded plat — available through the county's official records. Look for dashed lines labeled "BRL," "U.E." (utility easement), or "D.E." (drainage easement).
3. HOA covenants and architectural guidelines — many HOAs also require their own approval before a pool permit is filed.
4. Your title policy — lists recorded easements that may not appear on the survey.
5. Your local zoning code — for current setback requirements in your district.

How Oak Wells Handles It#

At Oak Wells Aquatics, we check all three before a design is finalized — not after. During consultation, we:

• Review your survey and plat to map every setback, BRL, and easement
• Design around the buildable area, including decks and screen enclosures
• Flag HOA approval needs early so they don't stall your timeline
• Handle permitting with the local building department

Knowing your lines up front means fewer surprises

Thinking about a pool? Have your survey handy and reach out to the Oak Wells team. We'll help you see exactly what your backyard can hold.