View Full Version : Easements question
TnTTV
03-26-2025, 12:17 PM
Hi, I have a large tree on the side of my property. After the tree I have about 2 feet of grass before the neighbors property begins. I use a lawn service and when come through they circle around the tree so go onto the neighbors property about 2 feet just to get around and cut the rest of my grass. Is that acceptable under easement rules? Just looking to get that answer for sure.
retiredguy123
03-26-2025, 12:23 PM
There are no easement rules except what is shown on your official plat and stated in your deed restriction documents. I would suggest that you carefully read these documents to see what they say about easements. If they don't show an easement, then you don't have one. These documents may address encroachments, but the ones I have read usually only allow a 12-inch encroachment in some situations.
jimhoward
03-26-2025, 12:59 PM
You could talk to the neighbor of course, and that is a good idea in general. I can't imagine anybody is worried about you cutting 2 feet of their grass going around a tree, but you never know.
If for some reason its an issue, then one simple solution would be to hire the neighbor's lawn service, then they are cutting both sides anyway.
TnTTV
03-26-2025, 01:33 PM
I see, and thanks. Good suggestions.
Rainger99
03-26-2025, 02:12 PM
You could talk to the neighbor of course, and that is a good idea in general. I can't imagine anybody is worried about you cutting 2 feet of their grass going around a tree, but you never know.
I agree. I can't believe that anyone would complain about you cutting part of their lawn. I wish that my neighbor would do my entire lawn!
xdmct
03-26-2025, 02:16 PM
I wouldn’t want my neighbors lawn service cutting any part of my lawn. They cut his to short and half the time they use a string trimmer not a mower for cutting the lawn. Yes I am OCD when it comes to my lawn and landscaping
asianthree
03-26-2025, 02:32 PM
Neighbors lawn guy to clear their rock border and AC, has to cut about 12-18” of our side lawn or unload walk behind. On return swipe cut the other 18” of balance to our rock border. Their time 2 minutes.
That way I don’t have to trim or mow side of house. Grass is always uniform and saves me 15 minutes of trim and mowing. I mow at a higher inch, so it always looked weird, unless they hand mowed.
I would definitely ask neighbors, maybe they don’t mow the same height, or just added fertilizer, or their sprinkler gets run over.
fdpaq0580
03-26-2025, 04:10 PM
Absolutely talk to your neighbor. Some folks are picky when it comes to their lawn. (Length of cut, how often, etc) best both parties are on the same page regarding lawns.
Berwin
03-27-2025, 05:07 AM
LOL, my neighbor three doors down was cutting his yard and mowed one swath into his neighbor's yard. That neighbor went to the store and bought those solar powered lights and put a row down the property line so my friend would know where his yard ended. Not sure if the HOA has noticed the lights or not.
Chamo
03-27-2025, 05:55 AM
I run into the same problem between property lines. I do not like them coming on my grass and cutting it so short that it burns besides that that side of the yard has more weeds from the grass cuts ( from other property)that they bring to the yard when they cut. The side of the yard looks like crap after they are done. So I don’t believe they should have the mower on your side of the property. As Petty as it might seem I like my grass at a certain height which it is supposed to grow.
mntlblok
03-27-2025, 06:56 AM
There are no easement rules except what is shown on your official plat and stated in your deed restriction documents. I would suggest that you carefully read these documents to see what they say about easements. If they don't show an easement, then you don't have one. These documents may address encroachments, but the ones I have read usually only allow a 12-inch encroachment in some situations.
Great. Now I have to stop thinking about how similar "metes and bounds" sounds like "leaps and bounds". But, happy to have learnt the difference between easement and encroachment. :-)
vintageogauge
03-27-2025, 07:13 AM
I wouldn’t want my neighbors lawn service cutting any part of my lawn. They cut his to short and half the time they use a string trimmer not a mower for cutting the lawn. Yes I am OCD when it comes to my lawn and landscaping
I belong to the same club.
Bogie Shooter
03-27-2025, 07:55 AM
LOL, my neighbor three doors down was cutting his yard and mowed one swath into his neighbor's yard. That neighbor went to the store and bought those solar powered lights and put a row down the property line so my friend would know where his yard ended. Not sure if the HOA has noticed the lights or not.
No HOA.
RoseyRed
03-27-2025, 08:26 AM
to funny! :1rotfl::1rotfl::1rotfl:
I agree. I can't believe that anyone would complain about you cutting part of their lawn. I wish that my neighbor would do my entire lawn!
jimjamuser
03-27-2025, 11:02 AM
I run into the same problem between property lines. I do not like them coming on my grass and cutting it so short that it burns besides that that side of the yard has more weeds from the grass cuts ( from other property)that they bring to the yard when they cut. The side of the yard looks like crap after they are done. So I don’t believe they should have the mower on your side of the property. As Petty as it might seem I like my grass at a certain height which it is supposed to grow.
I agree that weed seeds travel on the underside of the professional mowers, who do NOT hose down their equipment between yards.
Rwirish
03-27-2025, 01:52 PM
I would not want someone cutting two feet into my lawn. They need to use a push mower around the tree as to not cut your neighbors lawn.
kcrazorbackfan
03-27-2025, 05:53 PM
I wouldn’t want my neighbors lawn service cutting any part of my lawn. They cut his to short and half the time they use a string trimmer not a mower for cutting the lawn. Yes I am OCD when it comes to my lawn and landscaping
Extreme OCD here regarding my lawn and landscaping.
HORNET
03-27-2025, 06:06 PM
NO ! You are inconsiderate towards your neighbor , your neighbor should put pieces of re bar to keep your lawn service off of their property!
HORNET
03-27-2025, 06:08 PM
If I was your neighbor, I would have your mowing service to stay off my property
CFollansbee
03-27-2025, 07:08 PM
Always take in consideration how your neighbor feels about your lawn company coming onto their property. Also, it is best practice to have open communication with them. Property lines are just that between homes. It is their property and not yours. Your lawn company, if they use the large heavy equipment, could be making deep tire ruts in their lawn on days that the ground is wet due to rain or overwatering, damaging the grass. And when that continues the landscaping company and ultimately you (if you do nothing about it) are damaging their property. Just have open conversation with your neighbor, be willing to listen with an open mind and proceed accordingly as a considerate neighbor.
Teed_Off
03-27-2025, 07:49 PM
This isn’t an easement issue. Your landscaper is encroaching on your neighbor’s property, and you have no rights to do so.
JustSomeGuy
03-27-2025, 08:54 PM
An easement is granted for a specific purpose and is spelled out in detail on plat of the property you are concerned with. They are granted for things like utility access, drainage pipe access, common wall access etc. An easement to cross a property line to mow grass would not be assigned to the plat by the developer. That is something you would need to be granted by the owner and have recorded on his plat.
Just because they may have a utilities or drainage easement that does not give anyone else the right to enter or use that property except for the exact purpose claimed in the easement. Same as easement at curb. Just because we all an easement for possible sidewalks or utilities next to the street it does not transfer to someone walking a dog and allow them to use it as they please (but I personally do not care if you let your dog walk on my lawn....)
Talk with your neighbor vs. asking here.
Solution might be to have his lawn service (or him) cut the grass on your lot around the tree so it is exactly the same height as his lawn (but on your property). They may not care and let you continue to cut it. In either case, you have no right to enter his property and cut his grass due to any easement that is on your original plat.
Veracity
03-28-2025, 04:59 AM
After reading these responses, I am so happy that the next-door neighbors on both sides of me use the same lawn service as I do. I never could have imagined there would be an issue with a lawn service going a couple feet onto a neighbor's property to cut around a tree. Boy, was I wrong. Silly me.
Paul Verciglio
03-28-2025, 05:04 AM
,your land is your land and your neighbor has his. I do not think that is acceptable . Ask you neighbor !
villagetinker
03-28-2025, 09:14 AM
One other alternative, use the same landscaping company (if the works for you), the one i had was not working for me, so I changed to the same company the neighbor is using, works great for all involved.
kkingston57
03-28-2025, 09:53 AM
Hi, I have a large tree on the side of my property. After the tree I have about 2 feet of grass before the neighbors property begins. I use a lawn service and when come through they circle around the tree so go onto the neighbors property about 2 feet just to get around and cut the rest of my grass. Is that acceptable under easement rules? Just looking to get that answer for sure.
Should be OK as long as your neighbor does not object(actualy your lawn guy is cutting his grass) Per your post, neighbor should be happy
kkingston57
03-28-2025, 09:55 AM
I wouldn’t want my neighbors lawn service cutting any part of my lawn. They cut his to short and half the time they use a string trimmer not a mower for cutting the lawn. Yes I am OCD when it comes to my lawn and landscaping
2 feet away from a tree is probably mostly roots.
kkingston57
03-28-2025, 09:59 AM
I run into the same problem between property lines. I do not like them coming on my grass and cutting it so short that it burns besides that that side of the yard has more weeds from the grass cuts ( from other property)that they bring to the yard when they cut. The side of the yard looks like crap after they are done. So I don’t believe they should have the mower on your side of the property. As Petty as it might seem I like my grass at a certain height which it is supposed to grow.
Another good reason why I feel that neighborhoods should hire 1 company to do the entire neighborhood. No longer have lawn companies in the road 6 days a week(and sometimes on Sunday) uniform cutting height, lower costs etc
retiredguy123
03-28-2025, 10:04 AM
Another good reason why I feel that neighborhoods should hire 1 company to do the entire neighborhood. No longer have lawn companies in the road 6 days a week(and sometimes on Sunday) uniform cutting height, lower costs etc
I would be fine with the developer or The Villages doing it, but not "neighborhoods".
Marmaduke
03-28-2025, 01:06 PM
After reading these responses, I am so happy that the next-door neighbors on both sides of me use the same lawn service as I do. I never could have imagined there would be an issue with a lawn service going a couple feet onto a neighbor's property to cut around a tree. Boy, was I wrong. Silly me.
Agreed, I have never had to think about it very much with our homes, now our in the past.
However, there are very valid points about issues of ruts, weeds and height.
We take pride in how our yard looks, and we work hard to maintain it esthetically for OUR enjoyment.
Our neighbors all cut their own lawns and don't encroach which is appreciated.
BrianL99
03-28-2025, 03:49 PM
...Just because we all an easement for possible sidewalks or utilities next to the street it does not transfer to someone walking a dog and allow them to use it as they please (but I personally do not care if you let your dog walk on my lawn....)
That is likely incorrect.
Very few homes in The Villages have easements for sidewalks or utilities, next to the street. People often use the wrong terminology, when talking about the "non-travelled part (non-paved) of the way".
In the olden days, folks often owned to the centerline of a street/road and the roadway was located on an easement. That is no longer the case, particularly if the road was layed out in the last 50 years. These days, a road "taking" or a road "layout", is usually 40%-100% wider than the proposed travelled way (paved portion). The standard "taking" or "road layout" for a residential street, is typically 40' to 60', with the travelled way, occupying from about 24' to 30'.
The reason it's done this way, is to allow room for the municipality to: work on/repair the road, install utilities and to account for minor variances in the exact location of the road, when it's actually constructed.
The easement part is NOT the municipality being granted an easement for the road, it's the other way around. Abutting owner and drivers on the road are granted an easement to use the travelled way and the area immediately adjoining it. So in most cases, folks walking along the side of a road that doesn't have a sidewalk, are walking on municipally owned land and the homeowner has nothing to say about it.
If a city or state decides to built a major road or interstate, they may do a "taking" that could be 100's of feet wide, even though the actually roadway is only going to be 100' in width. Unless there are unusual constraints, it will normally be a "fee simple taking", rather than an easement.
Just a guess, but parts of the historic district might be different.
retiredguy123
03-28-2025, 04:06 PM
That is likely incorrect.
Very few homes in The Villages have easements for sidewalks or utilities, next to the street. People often use the wrong terminology, when talking about the "non-travelled part (non-paved) of the way".
In the olden days, folks often owned to the centerline of a street/road and the roadway was located on an easement. That is no longer the case, particularly if the road was layed out in the last 50 years. These days, a road "taking" or a road "layout", is usually 40%-100% wider than the proposed travelled way (paved portion). The standard "taking" or "road layout" for a residential street, is typically 40' to 60', with the travelled way, occupying from about 24' to 30'.
The reason it's done this way, is to allow room for the municipality to: work on/repair the road, install utilities and to account for minor variances in the exact location of the road, when it's actually constructed.
The easement part is NOT the municipality being granted an easement for the road, it's the other way around. Abutting owner and drivers on the road are granted an easement to use the travelled way and the area immediately adjoining it. So in most cases, folks walking along the side of a road that doesn't have a sidewalk, are walking on municipally owned land and the homeowner has nothing to say about it.
If a city or state decides to built a major road or interstate, they may do a "taking" that could be 100's of feet wide, even though the actually roadway is only going to be 100' in width. Unless there are unusual constraints, it will normally be a "fee simple taking", rather than an easement.
Just a guess, but parts of the historic district might be different.
To clarify, the section of land adjacent to the street is not an easement. It is a "right-of-way" and it is owned by the county, city, or The Villages. The homeowner's property starts at the front lot line, which is usually about 5 to 10 feet back from the curb or the paved street. You can see exactly where your property is located by looking at your official plat. It shows the front, sides, and rear property lines. Many homeowners think that they own the property all the way to the curb, but they do not. Although, in most cases, they are required to mow the grass in that area. The official survey plat shows exactly where your property lines are located.
jimhoward
03-28-2025, 04:25 PM
Fascinating to read all the responses. When I read the post, I was thinking who would care about somebody mowing two feet onto their property to go around a tree? But evidently upon reading the responses, a lot of people would care.
BrianL99
03-28-2025, 05:47 PM
Fascinating to read all the responses. When I read the post, I was thinking who would care about somebody mowing two feet onto their property to go around a tree? But evidently upon reading the responses, a lot of people would care.
The Villages is made up of a lot of caring folks.
& I have the opposite take. Who would just mow grass on someone else's yard and think that's ok?
Ropnrose
03-29-2025, 07:02 AM
Hi, I have a large tree on the side of my property. After the tree I have about 2 feet of grass before the neighbors property begins. I use a lawn service and when come through they circle around the tree so go onto the neighbors property about 2 feet just to get around and cut the rest of my grass. Is that acceptable under easement rules? Just looking to get that answer for sure.
My lawn service uses a push mower. When I had a service with the large zero turn riding mowers, they were leaving a 'track' in my yard. My neighbor's lawn service uses the riding mowers. The situation was similar to yours, with neighbor's trees along the property line. Their service was coming into my yard and created a depression where water was accumulating. It killed my lawn in that area. I asked the neighbor to tell her service to not come into my yard. It was hit and miss. I eventually put some large planters along the area where they were entering my yard. That solved the problem.
fdpaq0580
03-29-2025, 03:14 PM
The Villages is made up of a lot of caring folks.
& I have the opposite take. Who would just mow grass on someone else's yard and think that's ok?
Also, who would let their dog play, poop and pee and scratch up someone else's yard and think that's OK.
Reality is this. You own the landscape to the road or sidewalk or the wall or your neighbors landscape. You bought it. You maintain it. It is yours. Regardless of "easement's", only authorized utility, maintenance or safety personnel may trespass for the appropriate purposes. All others are trespassers and should keep to the road or sidewalk provided! And, NO! Asking forgiveness after the fact is NOT acceptable.
fdpaq0580
03-29-2025, 03:19 PM
My lawn service uses a push mower. When I had a service with the large zero turn riding mowers, they were leaving a 'track' in my yard. My neighbor's lawn service uses the riding mowers. The situation was similar to yours, with neighbor's trees along the property line. Their service was coming into my yard and created a depression where water was accumulating. It killed my lawn in that area. I asked the neighbor to tell her service to not come into my yard. It was hit and miss. I eventually put some large planters along the area where they were entering my yard. That solved the problem.
Have you thought about having the tree on the property line removed?
Bogie Shooter
03-29-2025, 03:54 PM
Also, who would let their dog play, poop and pee and scratch up someone else's yard and think that's OK.
Reality is this. You own the landscape to the road or sidewalk or the wall or your neighbors landscape. You bought it. You maintain it. It is yours. Regardless of "easement's", only authorized utility, maintenance or safety personnel may trespass for the appropriate purposes. All others are trespassers and should keep to the road or sidewalk provided! And, NO! Asking forgiveness after the fact is NOT acceptable.
Landscaping is not allowed in easement/right of way.
Look it up
BrianL99
03-29-2025, 06:03 PM
Also, who would let their dog play, poop and pee and scratch up someone else's yard and think that's OK.
Reality is this. You own the landscape to the road or sidewalk or the wall or your neighbors landscape. You bought it. You maintain it. It is yours. Regardless of "easement's", only authorized utility, maintenance or safety personnel may trespass for the appropriate purposes. All others are trespassers and should keep to the road or sidewalk provided! And, NO! Asking forgiveness after the fact is NOT acceptable.
If you were to do some research, I think you'll find that your assumptions and conclusions are incorrect. Please read my post #31.
Attached is a Screen Shot of the Sumter County GIS system, of a typical area in The Villages. Please note, "property lines" do not extend to the paved portion of the road. Property lines are typically at least 10' from the actual paved portion of the roadway and that land does not belong to the homeowner (I'm getting conflicting stories, whether it belongs to TV or the County ... my guess is that TV owns it) Whoever owns it, it is part of the road layout (taking) and the public has the right to use it.
Per Sumter County regulations, most Roadways in the county are now a minimum of 50' in width, with 24'-26' being paved. TV is a little different, as it's permitted as a planned community.
You can look up your address, here: ArcGIS Web Application (https://www.arcgis.com/apps/webappviewer/index.html?id=0f1f020d62c242bcaeb8689876d99881&extent=-9202100.9938,3309346.4355,-9082859.2297,3380738.6199,102100)
fdpaq0580
03-29-2025, 06:06 PM
Landscaping is not allowed in easement/right of way.
Look it up
Lawn is part of your landscaping, sprinklersystem also. It was there when I purchased new. Guess there should be lots and lots of bare ground running around throughout all of TV since that is where our utilities all run. So that is where the easement normally run. No permanent structures of any kind that could bar access for maintenance, repair or emergency. No out buildings (sheds), hardscape, rockwalls, trees, etc, obstructing access.
fdpaq0580
03-29-2025, 07:59 PM
If you were to do some research, I think you'll find that your assumptions and conclusions are incorrect. Please read my post #31.
Attached is a Screen Shot of the Sumter County GIS system, of a typical area in The Villages. Please note, "property lines" do not extend to the paved portion of the road. Property lines are typically at least 10' from the actual paved portion of the roadway and that land does not belong to the homeowner (I'm getting conflicting stories, whether it belongs to TV or the County ... my guess is that TV owns it) Whoever owns it, it is part of the road layout (taking) and the public has the right to use it.
Per Sumter County regulations, most Roadways in the county are now a minimum of 50' in width, with 24'-26' being paved. TV is a little different, as it's permitted as a planned community.
You can look up your address, here: ArcGIS Web Application (https://www.arcgis.com/apps/webappviewer/index.html?id=0f1f020d62c242bcaeb8689876d99881&extent=-9202100.9938,3309346.4355,-9082859.2297,3380738.6199,102100)
Re-read your post #31. My assumption/understanding remains. The land/dirt/sand of X width that surrounds the perimeter of the home, regardless of who holds the easement/roadway/right-of-way/mineral rights, etc, has the right/authority to access that area as necessary, for specific purposes/reasons. The developer put in grass an sprinklers to the curb/sidewalk/ back wall. I bought , as part of this purchase, the grass and irrigation system. That is mine. Like my car, parked on the street, I don't own the street, but I own the car. Emergency service may require the removal of my car and they have the right so to do. The general public does not have the authority to take advantage of my car.
So, utility workers and emergency personnel welcome 24/7 as necessary. However, dog walker from the villa who doesn’t want Fluffy from defiling her small yard, and decides to use my yard as a dog toilet, KEEP OFF!
Simple respect for neighbors and their homes and yards and expenses for maintaining it to the best of their ability.
BrianL99
03-30-2025, 04:48 AM
Re-read your post #31. ... The developer put in grass an sprinklers to the curb/sidewalk/ back wall. I bought , as part of this purchase, the grass and irrigation system. That is mine.
You may have paid for the irrigation and grass, but you didn't buy the land area from the street pavement to your property line. The Developer didn't sell it to you. You don't own it.
He doesn't have an "easement to use your property" ... you (& everyone else) has an easement to use his property..
fdpaq0580
03-30-2025, 09:16 AM
You may have paid for the irrigation and grass, but you didn't buy the land area from the street pavement to your property line. The Developer didn't sell it to you. You don't own it.
He doesn't have an "easement to use your property" ... you (& everyone else) has an easement to use his property..
Fine. I think we may be describing the same thing from different points of view. Let's find out.
Who owns your grass and irrigation system? Not talking about the dirt/minerals underneath the sod.
retiredguy123
03-30-2025, 09:44 AM
If you were to do some research, I think you'll find that your assumptions and conclusions are incorrect. Please read my post #31.
Attached is a Screen Shot of the Sumter County GIS system, of a typical area in The Villages. Please note, "property lines" do not extend to the paved portion of the road. Property lines are typically at least 10' from the actual paved portion of the roadway and that land does not belong to the homeowner (I'm getting conflicting stories, whether it belongs to TV or the County ... my guess is that TV owns it) Whoever owns it, it is part of the road layout (taking) and the public has the right to use it.
Per Sumter County regulations, most Roadways in the county are now a minimum of 50' in width, with 24'-26' being paved. TV is a little different, as it's permitted as a planned community.
You can look up your address, here: ArcGIS Web Application (https://www.arcgis.com/apps/webappviewer/index.html?id=0f1f020d62c242bcaeb8689876d99881&extent=-9202100.9938,3309346.4355,-9082859.2297,3380738.6199,102100)
Note that, in courtyard villa areas, the streets are private roads, owned and maintained by The Villages, including the right-of-way. In most other areas, the road is a county (or city) road and the right-of-way is owned by the county or city for road maintenance and possible road widening.
BrianL99
03-30-2025, 09:51 AM
Fine. I think we may be describing the same thing from different points of view. Let's find out.
Who owns your grass and irrigation system? Not talking about the dirt/minerals underneath the sod.
Not a simple question.
"You" have an obligation to maintain the grass and irrigation system (per your Deed).
"You" own it, to the extent you would still own a "bucket" you placed on that grass or area.
"You" do not own it, to the extent you could place a light post on it.
TV (or the County) could tell you, you must remove "your" grass and "they" will replace it with stone, you would then be obligated to maintain the stone.
"You" do not have any ownership interest in the land, but maintain an ownership interest on anything you place on it (or in it, to the extent that's allowable).
"You" and everyone else, is allowed to use the area "as roads are commonly used in the County of Sumter" (that's just typical language used, but sometimes varies in non-significant ways).
Roads are commonly used to pass & repass, on foot or motorized vehicles. They are used for the placement of utilities and appurtenances. They are generally used for access of one sort or another.
Where folks who don't do it for a living, often get confused, is they think when they buy a plot of land, they're simple buying that portion of the earth. That is untrue. When you buy property, you are buying a "bundle of rights". Land is seldom sold as "Fee Simple Absolute".
Most every real estate transactions involves a different "bundle", which is why your seemingly simple question, is no where near as simple as it sounds.
You can get a reasonable explanation, here: Bundle of Rights: Everything You Must Know (https://www.usrealtytraining.com/blogs/bundle-of-rights)
fdpaq0580
03-30-2025, 11:09 AM
Not a simple question. ]
Actually, it is a simple question.
Do you own the grass and irrigation parts and pieces?
Possible answeres: "I do", or, "someone other than me".
Alternative question. If you purchase a new golfcart and park it at the end of your driveway in the easement, who now owns it, maintains it, and may use it as they desire? You, or the general public?
I'm guessing you own it and only emergency services personnel would legally allowed to move it.
BrianL99
03-30-2025, 01:43 PM
Actually, it is a simple question.
Do you own the grass and irrigation parts and pieces?
Possible answeres: "I do", or, "someone other than me".
Alternative question. If you purchase a new golfcart and park it at the end of your driveway in the easement, who now owns it, maintains it, and may use it as they desire? You, or the general public?
I'm guessing you own it and only emergency services personnel would legally allowed to move it.
Not the best analogy in the world, "Grass" is attached to the surface. Irrigation is buried beneath the service. Presumably, your vehicle is atop the surface, as is the "bucket" I used in my analogy.
& it is not a "simple question", because the answer could vary, due to different language used in various deeds through the years.
Under Common Law, I don't think you would "own" the grass, but I think you would "own" the physical pieces of the irrigation system. That's not really Land Use Law & if you're going to veer away from Land Use Law, I don't know enough about.
For purposes of the use of the easement, ownership of the grass or irrigation isn't relevant. The only relevant part is, who gets to walk on it and the answer is always the same. The Grantor [TV or the County] gets to decide and in the case of a road layout, they've already decided.
fdpaq0580
03-30-2025, 02:20 PM
There are 7 types of easement. Each specifies certain arrangements per access requirements. Basically, for homes the easement gives the homeowner right to use as he/she wishes so long as there is no blockage of access for utility/maintenance/emergency personnel or equipment. Easement does not allow unfettered access for the general public as a community common ground, park or parking area, or dog walking, as some wish to believe.
Earlier in this thread there was even mention of the ability to have your home taken from you due to easement. No! That can happen if the government enacts Eminent Domain to aquire large tracts of land for highways/interstates. But first they must pay the property owners.
Bottom line, if you don't own it, stay out of it, off of it, don't touch it. Be a decent, respectful human being.
BrianL99
03-30-2025, 02:35 PM
There are 7 types of easement. Each specifies certain arrangements per access requirements. Basically, for homes the easement gives the homeowner right to use as he/she wishes so long as there is no blockage of access for utility/maintenance/emergency personnel or equipment. Easement does not allow unfettered access for the general public as a community common ground, park or parking area, or dog walking, as some wish to believe.
Earlier in this thread there was even mention of the ability to have your home taken from you due to easement. No! That can happen if the government enacts Eminent Domain to aquire large tracts of land for highways/interstates. But first they must pay the property owners.
Bottom line, if you don't own it, stay out of it, off of it, don't touch it. Be a decent, respectful human being.
You are confusing the word "easement" with a "road". In the case of the roads in TV are NOT located on Easements, they are Fee Simple properties. The paved portion is OWNED by the County. The un-paved area of the Roads are owned by TV or the County.
The only "easement' involved a road, is an Easement to allow ALL of the Public (TV owners or not), use of that land. TV and/or the County are the Grantors of the Easement.
Abutting property owners do not own the land, but have an easement to use it (along with everyone else) and the obligation to maintain it.
BTW, there are thousands of types of easements, not "7". The various kinds of easements are limited only by a Grantor's imagination. I hold "view easements" on properties. I hold easements to "cut trees to maintain a view", I hold easements to "reconfigure frontage" and install utilities. I once owned a piece of property that had a deed restriction that prohibited anyone who had spent time in an Insane Asylum or was a member of the Jewish faith from occupying the property.
retiredguy123
03-30-2025, 02:36 PM
There are 7 types of easement. Each specifies certain arrangements per access requirements. Basically, for homes the easement gives the homeowner right to use as he/she wishes so long as there is no blockage of access for utility/maintenance/emergency personnel or equipment. Easement does not allow unfettered access for the general public as a community common ground, park or parking area, or dog walking, as some wish to believe.
Earlier in this thread there was even mention of the ability to have your home taken from you due to easement. No! That can happen if the government enacts Eminent Domain to aquire large tracts of land for highways/interstates. But first they must pay the property owners.
Bottom line, if you don't own it, stay out of it, off of it, don't touch it. Be a decent, respectful human being.
See Post No. 32. The property adjacent to the road is NOT an easement. It is a "right-of-way". This property is not owned by the homeowner. It is owned by the county or whoever owns and maintains the road. Calling it an easement is not correct. Read your official plat to see where your actual property lines are located.
Ropnrose
03-30-2025, 02:56 PM
The trees belong to the neighbor.
Ropnrose
03-30-2025, 02:57 PM
Have you thought about having the tree on the property line removed?
The trees belong to the neighbor.
fdpaq0580
03-30-2025, 08:43 PM
See Post No. 32. The property adjacent to the road is NOT an easement. It is a "right-of-way". This property is not owned by the homeowner. It is owned by the county or whoever owns and maintains the road. Calling it an easement is not correct. Read your official plat to see where your actual property lines are located.
Mine shows "easement". Allows access to utilities.
As to your "right-of-way" adjacent to the road (thru the neighborhood lawns), try driving it in your car for a month. Consider it research. I won't do it because I, right or wrong, believe that is my neighbor's yard and I would be trespassing and not being a nice, respectful neighbor.
You can do it because you think (or seem to think) it is perfectly OK and you and the general public have ever right to do so. Or is there something about"actual "right-of-way" definition that might not be quite as represented.
I'll treat my neighbors with respect and not trespass on there lawns. You do as you think appropriate as a good neighbor.
fdpaq0580
03-30-2025, 09:06 PM
The trees belong to the neighbor.
Did they get permission to plant it on the property line? If you ould like it gone, have you discussed it's removal or relocation with the neighbor? You may need to speak to ARC in any case. Good luck.
fdpaq0580
03-30-2025, 10:34 PM
FYI
An easement is a right of use over someone else's land, granted through a legal agreement or by necessity, allowing specific activities like access, utilities, or preservation.
Types of Easement
1. Affirmative Easement: Grant's the right to use the land in a specific way (eg, access to a road.)
2. Negative Easement: Restricts the property owner from doing something on their land that would be otherwise permitted. (eg, blocking a view.)
3. Appurtenant Easement: Benefits a specific property (the "dominant estate") and burdens another property (the "servant estate")
4. Easement in Gross: Grant's the right to use the land to an individual or entity, not tied to a specific property (eg, a utility company's right to access for repairs.)
5. Prescriptive Easement: Acquired through continuous, open and uninterrupted use of another's property. (eg, a path used for many years.)
6. Utility Easement: Allows utility companies access to property to install and maintain services (eg, power lines and water pipes.)
7. Conservation Easement: Limits the use of the land to protect natural resources, such as endangered species, ecosystems.
How Easements are Created
1. Express Grant: A written agreement between parties granting the Easement
2. Implied Easement: Arises from circumstances, such as when property is divided and a necessary access route is Implied.
3. Easement by Necessity: Created when a property is landlocked and needs access to a public road or utility
4. Easement by Prescription: Acquired through long-term, open and uninterrupted use.
BrianL99
03-31-2025, 07:03 AM
There are 7 types of easement. Each specifies certain arrangements per access requirements. .
I would urge you to do more research and not rely on anecdotal information from random websites.
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