Purpose of street easement
 

A previous thread, now closed, left questions for me about streetside easements for homeowners in TV.
(Please stick to facts rather than opinions or squabbles)
The questions are:

1. What is the distance of the easement (if that is the right term) from the street?
2. What is the purpose of the easement?
3. Does an easement mean that the homeowner no longer owns that property?
4. Does the use of the easement for purposes other than its stated purpose violate the homeowners right to own private property?

I would like to know once and for all the answers to these questions. If you answer, please cite your sources or credentials as an expert.

If you look on your survey your can see the easements marked. They are usually done for utility runs, side walks, sewers, water lines, street lighting etc. They are not part of your property. At least that was the situation I ran into in New York.

The question is what is the purpose of the easement in TV and facts about whether the easement remains the property of the homeowner. I don't mean to be mean, but only facts, and evidence of the sort that would hold up in court, please.

Document identifying easement and set back...
 

The info below is in VCCD FAQs on community standards.
Relevant to this discussion as the site plan, not the survey, is the evidentiary document for set back and easements:


How will I know if I can add a room or a birdcage or extend a room to my home?
You will need to obtain a Site Plan which shows your Building Setback Line and any special easements you have on your property.

Why does a Site Plan need to be included with an ARC application?
The Site Plan shows your property lines, Building Setback Lines (BSL), and any special easements your property may have. Any modifications or additions need to be shown on the Site Plan and included with the application. The BSL refers to the distance from the front, back, or side of a lot beyond which construction or improvements may not extend.

Where Do I Get A Site Plan For My Property?
Site plans are obtainable at your County building department:

Town of Lady Lake Building Department
409 Fennel Boulevard
Lady Lake, FL 32159
352-751-1511

Lake County Building Department
315 West Main Street
Tavares, FL 32778
352-343-9653

Marion County Building Department
2710 E. Silver Springs Boulevard
Ocala, FL 34470
352-438-2400

The Villages Sumter County Service Center
7375 Powell Road
Wildwood, Florida 34785
352-689-4460

How do setback and easement differ?
 

Setback as I interpret the document below, is the buildable part of the lot. In TV, I was told by Steve Mansfield (as an example of setback) that the patio walls being built in new sections by his company must be within the setback.

setback legal definition of setback. setback synonyms by the Free Online Law Dictionary.

From the above site searching for "easement"....this definition....

easement n. the right to use the real property of another for a specific purpose. The easement is itself a real property interest, but legal title to the underlying land is retained by the original owner for all other purposes. Typical easements are for access to another property, (redundantly often stated "access and egress," since entry and exit are over the same path), for utility or sewer lines both under and above ground, use of spring water, entry to make repairs on a fence or slide area, drive cattle across, and other uses. Easements can be created by a deed to be recorded just like any real property interest.

the set backs are not the homeowners property and are much greater distance than most homeowners realize. The homeowner cannoy build any permant type structures within the set back. Shrubs and other non permanent items are permitted but it must be understood that within the easement limits anything required to maintain drainage, utilities, etc is possible without the homeowners permission. I believe my set back distance is 32 feet from the edge of the street.

I disagree. A setback is the distance your building must be from the edge of your lot, but it is still your property. If both you and your neighbor built right to the edge of your property your homes would touch each other. Setbacks are established to prevent this from happening.

BTW, we are getting off topic - "street easement".

Is Steve Mansfield an attorney?

Who is Steve Mansfield
 

I cited Steve as an expert in landscaping. You may choose not to consider him an expert. Here is his business site should you wish to ask more about his credentials in the field.

About Mansfield Landscaping | Mansfield Landscaping, LLC | Lake, Sumter, Marion, Orange, Osceola, Seminole County, FL

Warren, if I understand what you are saying, only my house is my property. I built house on virtually every inch within setback on this very expensive lot. What is the source of what you are stating?

This might help.
 

FE108/FE108: Handbook of Florida Fence and Property Law: Easements and Rights of Way

This is an interesting publication on easements in Florida.

A setback limits what the homeowner can do on his property, an easement grants another rights to some specific use of the homeowner's property. In either case, the property belongs to the homeowner, and he is responsible for the maintenance and safety of those portions of his property (excluding items added under easement rights). So, I am responsible for maintaining the grass between the sidewalk and the street (it is my property), but even though the sidewalk is on my property, I am not responsible for maintaining the sidewalk.

The Villages Regulations - EARTHSCAPES UNLIMITED Inc The Villages Landscaping

This website has some useful information.

Definitions previously given with citations:

setback-the area withing property lines on which building is permitted
easement-a legally granted right to a specific entity for a specific purpose within the land owned by the property owner.

Here is the VCDD description of the specific entity and specific purpose for which easement to my property is granted. section 3:

http://www.districtgov.org/images/De...209/S9-210.pdf

an easement, by the way, does not give any rights to the person who has an easement to restrict what I do on my propery, unless it materially interferes with their right to perform the specific purpose they are allowed to achieve.

just for the purpose of clarity, an easement does not convey any right to anybody outside the property owner except as explicitly stated in the easement.

If anyone disagrees, please support your statements with documentation. I am sincerely trying to learn what I can and cannot do on my little piece of paradise.

Easements are covered in your deed restrictions.
See page 4
http://www.districtgov.org/images/De...208/S8-167.pdf

This is an example. When you look at YOUR deed restrictions, the amount of easement may be different, depending on if you have a CYV, ranch, designer, etc.

Here's the deed restrictions for a CYV, much more restrictions on side easements.

http://www.districtgov.org/images/De...0Escandido.pdf

setbacks........suck....

we were already to sign on the dotted line for a new home in lake deaton, a great at ease on the corner of hillsboro and viola that backed up to court yards, would of been perfect....

Huge lot, we thought about adding a pool or at the very least a large hot tub, advancing the screen about 6 feet, and all the other things you imagine when buying a new home.

BUT WAIT....:22yikes:

Got the plot from the sales agent. You can't use that land and it was about 20 feet from the road. You have to MAINTAIN it, water and mowing, but you CAN NOT use it for a hot tub or such. All that land and I can only extend the bird cage 3 feet. GEEZE......

Thats a set back......be careful when you see that huge yard.....its really not yours:cryin2:

We have a large corner lot as well. It has a 13' easement, and a 20' setback beyond it, so in essence we have 33' of land that can only be used for grass, plants, or trees (no building within that area). My grip is that other corner lots in our Village have different setbacks, and those folks have patios or birdcages much closer to the road, so it doesn't seem to be equal for all.

my thoughts exactly........ ....... I believe in due diligence.....especially when making a large $ purchase....

We own property in NJ, Maine and the villages and we have easements on each of those properties...that land IS part of our property in each of those states...we must maintain it AND pay taxes on it! In NJ where there is a 'public sidewalk' within the easement area we even are required to maintain that sidewalk - including snow removal and normal repair!

Here in the villages our deed restrictions state:
"4. EASEMENTS AND RIGHTS-OF-WAY:
4.1 Easements and rights-of-way in favor of the Developer reserved for the construction, installation and maintenance of utilities such as electric light lines, drains, water supply lines, telephone and telegraph lines or the like necessary or desirable for public health and welfare. Such easements and rights-of-way shall be confined to a 5 foot width along the rear and dividing lines of every building plot and along every street, road or highway fronting on said Lot."

We are responsible to maintain that land and pay taxes on it; therefore, we own it - it is part of our property. We have agreed to the 5' easement 'in favor of the developer' and only for the developer. Easements are granted to a specific party for a specific purpose. The 5' easement along our street-side property and other boundaries is for the developer and is for the stated purpose. No one else has any interest in that strip/right to use that strip other than the developer.

[quote=kittygilchrist;876126]A previous thread, now closed, left questions for me about streetside easements for homeowners in TV.[*]Does an easement mean that the homeowner no longer owns that property?

Is it your property or the County's property (right of way)?

In numerous "dog poop" threads there are those who say it is county property and the home owner has no right to stop them using it for their dog's pit stop. The opposing opinion is that it is the property owner's property and they have granted rights to utilities,etc. to use it.

See question #3 in OP's post in above edited quote.

Kitty, please check Wikipedia which comprehensively explains various types of easements.
Easement - Wikipedia, the free encyclopedia

Setbacks are another matter. http://en.wikipedia.org/wiki/Setback_(land_use)

[quote=downeaster;876233]It is YOUR PROPERTY but set backs and easement determine what you may do on that portion of your property. An example would be a utility easement...you plant shrubs on it...the utility needs to do repairs in that area...they have no obligation to replace your shrubs if they get destroyed. NO, that does not mean the general public has permission to enter that portion of your property, only those with the easement rights. Every home I have owned has setbacks and easements.

Generally the setbacks are 10-13.5 feet front/back 5' on sides.

you must plant with an additional 2' set back with the above numbers, the 2' is the location of trunk or base of the plant, if it overhangs your neighbor later on they can cut off any overhanging branches as they wish.

Not to be confused with the building lot lines within it.

There are a few ways around some of the build lot lines, U can exceed the building lot lines by 2' in an overhang, but not at the base.

you can also put a slab in a bit bigger by 2', lastly a 4' x4' landing can exceed the build lot lines where a door is like exiting from your lanai.

I used an architect, submitted all to ARC. very straight forward.

Those of you that don't get ARC approval for planting are subject to having it removed.

Worse yet I see patio's and block walls built illegally, if a complaint is filed they will be required to rip it out.

So do it with approvals, if hiring any landscaper ask them to give you the ARC approval before any work is done or money is paid.

on your site plan you will see you property corners. The road right of way goes from the center of the road to your property corners on the front of your property. All though you maintain it (lawn care etc) it is for the purpose of roadway.

when the land is developed easements are granted to allow for utility and other purposes. Therefore the right to access that property for those purposes remains on the property (regardless if the property has changed hands )

Use your plat map.
 

This is really simple once you get your plat map and purchase papers in hand.

The concepts are pretty much universal; only the local application of some rules may vary.

1. Property line - All of the property within these lines are yours.
2. Setback line - By purchase agreement, you cannot build a structure between the property line and the setback line. There may be other restrictions in your particular contract. The line may not be drawn on the plat map, but will be described in the settlement papers.
3. Easement line - A line on your property, usually in the back yard, which encompasses an area between the line and your property line which grants access to utility companies so that equipment may be maintained. The general public has no access. Your easement, combined with the easement of the person owning the property behind you, usually provides enough space for a service truck to be driven into the area.

SO, look at your plat map and closing papers to see where these lines are on your property. There is no generic answer.

Attached is a sketch of the concept. Note the inclusion of the portion of the front yard that is not on your property but which you are required by contract to maintain.

.

Now, that's redundant.

To all the above, this is a very interesting thread, and I had or experienced most if not all of the questions, and to make matters more confusing, I got 2-3 DIFFERENT sets of answers depending on who I talked to. So here is what I did, I went to the ARC committee, and spoke to the 'head reviewer' and he explained what I could and could not do. I also pointed out with pictures where I thought there were transgressions, and it turns out the installations (mainly gardens and trees) were fine, once you understand the rules.

To make matters worse, my house has a road front and rear, so my restrictions are significantly different than those that have a house to the rear, which are different if there is a golf course to the rear.........

Good luck with your quest, but in my humble opinion, get a copy of your plot plan, and go to the ARC office and tell them what you would like to do, then go to your builder/landscaper, etc. to get detailed plans for approval.

in our case we just assumed, large yard ect....in the looking stages, but when it came to money, I wanted a plot before I signed on the dotted line and once we saw the plot, we said, this is not the one..

my mother always said "theres an ass for every seat" and someone will not care how much the water bill will be for grass I can't even use and how much extra the lawn company will charge for the bigger lot.....and scoop that house right up

in my humble opinion, the hype for the villages is very motivating, and not thats it not wonderful and all, and I can't wait till I find the right lot and retire, its just that some people look at it with rose colored glasses and don't see the reality of it all until its to late. If you wait till you close and see the official plot from the city, you waited to late.

Get everything before you sign the paperwork, call insurance companys, check the county tax records for your homeowners taxes. Due Diligence is very important. Get it in writing, don't rely on your salesperson, they sell you and move on. verbal won't stand up in court. and don't beleive the salesman when he says hurry, the home won't be here tommorrow,.....heard that lots....please......, if it sells before you buy it was fate and meant to be.

You are trying to make the words "set back" a legal term. They are not. In my comment I clearly used the legal term "easement".. The original post spoke of street side easements and had nothing to do with the distances between homes. Any requirement that a certain distance must be maintained between structures of any kind is commonly called a set back.:BigApplause:

I learned the word setback and used the definition from an online legal dictionary. I know little about this and have carefully relied on the anchor of resources. Setback as I get it, means the entire perimeter of buildable property, setback from street, rear and sides.

If as you say, the term is only a commonly used term and one with no legal meaning, for me it has no relevance to the discussion. I don't care what is commonly used or as I said in the OP, about opinions.

If I am missing something in reading your posts, maybe somebody can fill in the gaps. it seems to me that your use of terms has no connection with legal definitions. correct me, anybody? with resources?

Thank you. that is wise, experienced, horses' mouth advice. You've been there and done that. thanks.

Carl, that looks exactly like what my research indicated. thanks,
Kitty

Utility Easements
 

As a retired utility engineer I can say this about utility easments which are included on all deeds for at least the last fifty years in all PUD (Planned unit developments) such as the Villages. Every lot, with extremely rare exceptions, have a ten foot utility easement on all four propery lines in. There are also "extra" easements on some key lots within the development. I happen to have an "extra" five foot extention to my easement on the west side of my lot.
Technically speaking you cannot plant, place, nor improve in any way on tis land that yes you own. HOWEVER, in almost 40 years experience in sevral states I can tell you no one will ever stop you nor make you remove any plant, statues, tree, or even a driveway you would place in said easement. But the caveat is the utility, should they need to utilize the easment or right of way, they are not responsible for the repair or replacement of anything damaged that lies within the easement. Alos if there is damage to any utility equipment or property by say a tree planted in the easement, the property owner is responsible to pay a damage claim and I have seen some astronomical bills in my career....usually paid by homeowners insurance.

valuable, info from an expert. thanks.

previous totv threads indicate that many people think an easement gives the public rights to the property, specifically for toileting dogs. Does the streetside easement extend to allowing public access, regardless of the purpose of the person or pet?

It has been suggested "look at your plat". So, I looked at my plat as well as the plat of my area on the County GIS site.
On my plat it clearly shows a "Special Easement" on my rear property line and utility boxes are shown in that easement.
It also shows a "Building Set Back Line" around my property. This indicates to me I can not build beyond that line.
In the front it shows the extent of my property line and it does not extend to the street. My property line is about 13' from the street line. It is not marked as an easement so I assume that 13' is part of the County's 50' right of way as it is not marked as an easement.
The County plat shows the right of way as being 13' in on the grassed area in front of my property. It does not identify the "Special Easement" in the rear.
Neither plat shows any line denoting the 2 foot line beyond which there can be no trees planted. I do not plan to plant any trees whether or not there is such rule so it is a mute point.
There has been a lot of misinformation in this thread. My post is not to correct any erroneous info but to explain my interpretation of the information contained on my plats. Do your own research via the ARC and County codes before making any changes including planting (or removing) trees.

About easements.
 

Kitty, the public has no right of access to any utilities easement on your property here in TV.

What does give the public the right to walk on a portion of "your" front yard is that it is not yours.

Again, look at your plat map and you will see that your property line does not extend to the street.

Depending upon what stage of development a tract of land has reached, the property between your property line and the street may belong to the Developer, the CDD or the County. In most cases in Florida there is no CDD, so when the Developer is ready to terminate his involvement, the property is turned over the the County in which the property is located.

No matter which of these entities owns the property, it is not yours to order people to stay off of.

--------------------

Please understand that when your front property line does not extend to the edge of the street, that area between your property line and the street is not an easement on your property.

Look at your plat map. I'm confident you will find that your front property line does not extend to the street edge.

Good work.
 

I agree. "Look at your plat map" is the answer.

.

Kitty, I am sincerely wondering about the intent of your post. Do you want to do something on your property that some entity has said cannot be done? Is someone "trespassing" on your property? If we knew the intent of your question it might be easier to give an answer. I really don't think the answer is here on TOTV. The answer will come from whatever authority can address your specific delimea.

Perrjojo, I don't know what is and isn't my property, after all this, I'm more confused than ever. I want to plan a landscape, if possible with a stacked wall, and to xeriscape, extending plant cultivation or hardscape over as much of what's now turf as possible.
The more I learn the less I know what trespassing is, and yes, people come on property I maintain in the front and rear a dozen times a day, up to 15 feet into the yard, all of whom are there for their own personal purposes, not vendors, and not enacting purposes of an easement.