[Bill14564]

Originally Posted by Bill14564

Can someone point me to the deed restriction that mentions no flowers in a 13' easement?

I can find mention of a 10' easement but no mention of flowers. Even if "no flowers" is understood as a standard restriction on an easement, I still don't see 13' mentioned.

Originally Posted by BrianL99

It can likely be found in the Deed to your property and probably identified as "Easements and Restrictions of Record". The "restriction" was likely an original condition in the 1st Grant of the Easement and wouldn't necessary be specifically in your Deed.

This is a perfect example of why folks should use Attorneys and not "Closing Mills" when they buy a home. An Attorney would have done a complete Title search and informed you of the specific terms and restrictions effecting your property.

Also, your Title Insurance Policy will have a reference to the Easement Deed, which will point you to the document that contains the terms of the Easement Grant.

If the area in question is indeed an "Easement" on your property, you own the land and unless an activity is expressly prohibited, it is allowed. If as you say, it is not contained in your Restrictions imposed by the Developer or CDD, it's entirely possible that plantings are allowed. You need to have an Attorney do a legitimate Title search and that will give you the answers.

Note my post #105 above. I can read the easements section of my deed restrictions but I don't see 13'. Perhaps that number is in the restrictions for a different area which is why I asked someone to point to it.

Too often the reason given is "it's the law" when that isn't at all what the law says. "It must be in there somewhere" isn't evidence either. Documented on paper matters, "that's the way we've always done it" or "that's the way we want it done" means nothing.