Landscape Noncompliance
 

My neighbor’s landscaping plan was approved based on her lying to the Architectural Committee (ARC). It is well over my property line. I have been trying to resolve this since July 2021 with a complaint. ARC approved her on Jan 3, without notifying me of a hearing taking place. I am getting ZERO response from ARC now. This is a really black and white situation. What should I do now? TIA

Why not just remove whatever you don't like from your property? I would read your deed restriction document carefully. My deed restriction document allows landscaping to occur up to the property line, and, in some cases, a 12 inch construction encroachment is also allowed. If the landscaping includes a structure, it must comply with a 5 foot setback distance from the property line.

Aren't these postage stamp lots great? Someone once said strong fences make good neighbors. Oh, fences aren't allowed here either.
Just a suggestion get a property survey.

Perhaps, like Ann Landers, I offer a suggestion, if it goes wrong you suffer the damages.
I would first get a copy of your survey. If, you do not have it, it is easy enough to get a duplicate. I would try to set up an appointment with the ARC. If, they do not give you such an appointment I would simply stop off. It is far easier to ignore a phone call then someone POLITE.Y insisting on talking to you.

Phone is easy. A letter return receipt takes more time and costs a few bucks but it is legal proof.

You can be reasonable and work the system, which it sounds like you’ve been trying.
OR you can accidentally water the plantings with vinegar or bleach at 3AM for a week.

I have found the layout and plot plans for villas to be VERY confusing. Without knowing the specific details of your situation, I would suggest the following. First get your plot (plat) plan from the Sumter(?) country building department. Then you can get a copy of the "approved" ARC document, these are public record, and you just need the address to search. Review these 2 documents to confirm if the ARC approval was incorrect, and if so, then you have grounds to the meeting and contest the approval and have the landscaping removed. If on the other hand there was a misunderstanding on your part of the property lines, then make peace with your neighbor.

We get only one side to every story. As we know there are usually two sides to every dispute. Suggestion, might well get you an orange jump suit.

The ARC is a committee...not an arbitrator...and I would guess, IMHO, that you're not hearing from them because they don't wanna touch this with a 10 foot pole

so...play it smart

hire a surveyor, get a stake survey so you know exactly where the line is (maybe that alone will cause the neighbor to change things)....

read your deed...talk to your neighbor, if they are in the wrong and won't do anything about it, you don't really have anything to lose with that neighbor at that point, so call a lawyer

if you call a lawyer and go forward....inform the rest of your neighbors why you felt you needed to go down that path

good luck...dealing with a lousy neighbor is a true pain in the butt

The survey stakes are generally in the ground when the irrigation heads are installed, the 2 corner heads should at least give you at least a pretty good idea as to where your boundary is. I know in my villa they put them right on the line. In our home the line goes right between ours and our neighbors heads as it's not a villa.

I would ignore this advice...
 

as it places the person who does as guilty of destruction of property and is illegal. It is a strange mind that thinks two wrongs make a right.

Is your neighbor even aware that there is a problem? If the only party with which you have taken this up is the ARC, and they are doing nothing, then she may not even know.

Some folks cheat
 

Are you sure the ARC approved plan what was the plan that was actually constructed. Our neighbors got ARC approval for a bird cage and then changed the plans before seeking approval from Sumter County. Sumter just rubber stamped the plans because they assumed that if ARC gave their approval it must be fine. They did not check to see that our neighbors changed the plan in between ARC and county approvals. When we contacted code compliance they said the could do nothing until the bird cage was finished and then they would measure it. Well it was finished and they came and measured it and it was noncompliant. Our neighbors were forced to rebuild the bird cage. Seemed a dumb way to handle the problem. They could have fixed it before they went to all the trouble of building it and then tearing it down and rebuilding. Our neighbors never got in any trouble. They were mad at us for catching them cheating.

Contact Code Compliance office, not ARC.

Plants are usually pretty, aren’t they? Did you talk to your neighbor? Are they even aware of their grave offense? How do you know they lied? Will the root structure of offending plant(s) cause any damage to your property? If not , enjoy the flora and fauna that is Florida. The grand scheme of life, is this really that big of a deal? Your neighbor planted something that you, too, get to to enjoy. Maybe you might thank them? Just a thought.

I agree, but I think you mean the Deed Compliance Division, which is part of the Community Standards Department, 352-751-3912.

Do you know for a fact where the property line is? Be certain/don’t assume

Jus turn on YOUR sprinklers with the workers show up.

Simple & Accurate.

:coolsmiley:

Neighbor Encroachment With Landscaping
 

Killing the plantings may be opening Pandoras Box… One has to ask themselves, what do I stand to lose if this goes tit-for-tat? A keyed car, slashed tires, a poisoned pet? Probably not worth the stress worrying.

actually if said plants are legally on his property killing them is not destruction of property. those plants became his property on planting.

admit they screwed up? laughable good luck on that one. They could burn down a building and stand there with the match in their hand and claim they know nothing

:ohdear::ohdear::ohdear:
those said plants (sounds official :1rotfl::1rotfl:) are his property before planting

If the plan was approved by ARC on Jan 3, did you file a written appeal to the Community Standards Department within 30 days? That is the process.

Why didn’t you open your mouth when it was being installed? Geez.

You should do something about that anger.

The documents that were submitted for approval are available online. One of the documents included should have been a copy of the plot plan with the proposed work drawn in. I'm not sure how you would lie about that. If the work does not match the documents, that is another matter.

Property line
 

You can find the steel survey corner markers buried at the corners. They will be very near the sprinkler heads. If there are two one yours and one the neighbors the stake will be between them. A metal detector would make it easier. String a line between them, show the neighbor the line and give them the ultimatum, remove the plants or I will. Good luck

David has the best advice!!!

:bigbow:

Would love to see pics, hard to imagine free landscaping is a bad thing...

Was it installed??

Go to your rear sprinkler head at the back of your lot on your neighbor's side and look for a yellow PK plastic cap in the ground which covers the lot line rod/stake. There also should be one in the front on the same side, next to the concrete culvert drain and you front sprinkler head. That shows your lot line.

The return receipt, is key as these types of letters can’t be ignored for too long
A survey that shows precisely what is encroaching on your property would prove your point
A certified letter stating that if you don’t hear from your neighbor and ARC at some reasonable future date, the encroachment will be removed should get a response

Handbook of florida fence and property law: Trees and landowner responsibility1

I don't think Emama really cares about everyone's posts/responses..............he/she has not been back since the original post.

I can't imagine a resident of TV getting upset over someone planting in their yard - beautiful shrubs and flowers cost a lot of money and just look at the money they have saved you. I welcome my neighbors and try to be a good neighbor. I may be doing something they don't approve of but in God's country, angry neighbors makes for heart attacks!

Property line
 

Where we are from, neighbor had fence obviously onto our property, so paid $1000 for a survey with stakes placed on line. He begrudgingly moved the fence to the property line, but very rudely. So then we paid $10000 for our own vinyl fence to not look at his 7 foot tall picket fence, which was actually installed backwards. Do the survey!!

My corner lot sure could use some of this free landscaping….

Do your due diligence first before doing anything rash. When your point has been proven, take whatever means necessary, you can follow through. I am sick and tired of people making excuses for the rule breakers and expecting the put upon to just shut up and take it. Property lines and community rules protect the neighborhood and ignoring them is just another sign of disrespect for the people who live around you.

ok, this happens a lot. When you bought your house, you had a survey was done or plot plan... if you don't have it... get a new survey done of your property lines. I am sure they too submitted a survey or plot plan. It is not that expensive, and worth all your trouble, and good to know. You will be very surprised at the true property lines. A lot of people assume but this should clear up everything. Also, find out HOw Close to your property line, they can go before they can start Landscape. Usually, it is 2' away from your property line. Also, there is NO LYING to the committee... its all about legal paperwork...

Enjoy life
 

What you do is smile and e joy life. Big deal over land shaping, your life down here will be miserable. Villagers no matter what the rules believe they are "entitled" to do what they want. Some day possibly when you rest in heaven you will have some peace.

Thank-you for the helpful replies
 

I wrote this original post while I was out trying to find the right people to talk to. Just now seeing the responses.
The landscape is hard scape, which I have to walk around to mow my lawn. It is NOT pretty, it is intrusive. I do have a survey, and the neighbor is clearly out of compliance. I was not here when it was installed; I was traveling. Yesterday I went to the district office, and they only routed me back to the ARC people who repeat the mantra “it’s already been approved, so there is nothing we can do” My neighbor could get squatter’s rights and this could be an issue if/when I sell my house.
This should concern everyone, as it sets a bad precedent.
Thank-you to those who provided truly helpful advice.