View Single Post
 
Old 07-07-2014, 07:01 PM
mgcsooner mgcsooner is offline
Senior Member
Join Date: Feb 2014
Location: Village of Dunedin, Keller Tx, Tulsa Ok, Chicago Il, Milwaukee Wi
Posts: 112
Thanks: 0
Thanked 0 Times in 0 Posts
Default

To the OP, I think the explanation you are getting is probably from a real estate agent re a preowned home. I'd also enlist a Village Sales agent as they are better versed on this, at least as it applies to the villages. I know becasue we just bought in the same area and had many similar questions. I'm not pushing them versus the other though.

Anyway, as far as the utility easements, these are civil (city) agreements for franchised utilities to utilize. You cannot put any vertical structures on them, although you can put landscaping on them. Living in four other states it has always meant they (the utilities) have a right to dig up the area to repair and in some cases install new services, such as fibre optic cables. I have NEVER seen where they do not repair the area to its prior state. They would probably not want to repair landscaping but instead drill under to avoid it. While they are not obligated to repair extensive landscaping, it't really rare that they would leave it damaged. Individuals can also grant other individuals legal easements, but there is no guarantee it will be grandfathered onto future property owners. Easements can also be vacated, even in unusual cases utility easements. One property I almost bought (we had a penning survey) found the corner of the house had been built by the original builder upon a utility easement. In such a case getting the city to vacate it was a simple matter, although I must say, we decided again buying that house.

Setbacks are more HOA/PUD etc restrictions that govern site building requirements for given lots for the purpose of maintaining homeowner value. In most cases they are defined in the covenants for the development, that guarantees they will be maintained for present and future buyers. Your HOA or in this case the ARC committee will go after you for violations as they would damage the property values of both you and your neighbors if they were not enforced.

Disclosure, I am not a real estate attorney, or attorney of any kind. This should not be thought of as any type of legal opinion.
__________________
Wisconsin, Illinois, Oklahoma, Texas and now TV!