Driveway easement
 

Need some help with driveway easement in TV with a Villa. The area of land that my neighbor maintains and landscapes for their driveway easement is ill-defined in the covenants due to my lot size being elongated. Normal driveway easement land is around 150 sf and in my case the neighbor maintain 7 times this amount. I have no problem with giving neighbor the land they need for a driveway easement (approx 150 sf of my land to use) but 7 times this amount is uncalled for. any comments on my position

Are you saying the neighbor has put landscaping on what you consider your property? Have you had a recent land survey? Surveyors will place property pins which will define your property.

When certified survey was taken of my property, surveyor comments was that this was "major encroachment" onto my real property. I know exactly where my boundary lines are. So, yes I had a recent survey and the neighbor landscaped onto my property. However, one must be aware that there is a driveway easement in TV covenants. Every villa in our section gets about 150sf of driveway easement property to maintain but in my case the neighbor is maintaining 7 times this area.

Do you not want your neighbor to maintain this area? If so, have you asked them to stop? I believe there are "adverse possession" laws in most states where someone can obtain property after a period of time if they maintain it. Your concerns may very well be warranted and a conversation with your neighbor would seem to be a good idea if you haven't done this already.

Not sure why you don't take this up with the proper authorities. Unless anyone here has actual first hand knowledge of the covenants/laws/restrictions/property rights you do yourself no good what so ever.

As that is look up "easement" and start there. It seems you are fearful of doing what's proper and right...

Yes, you definitely need to talk to your neighbors and let them know you are not comfortable with what they are doing. If they refuse to change things, you need to take the next step. I'm not sure exactly what that would be, but you could have a discussion with a local attorney that is familiar with easements in this area. McLin and Bernsed?

Or go about a foot and a half onto your neighbor's land, pound a couple of stakes in the ground, run a piece of string between the stakes and tell your neighbor that's where your engineer spotted the new fence. He will get nervous and hire his own engineer to do a survey, and VIOLA !! there's your property line. Then you can install your own landscaping.

I like it!….lol.

Honey & Vinegar
 

"you catch more flies with honey than with vinegar". There is much truth in the old' saying.

What covenent? I think you are mistaken about the driveway easement. Your neighbor does not have an easement. The driveway easements here are the right of the developer for utilities only. You really do need help if you are allowing a neighbor to take your property.

I believe that the "easment" that is being referred to here is the right the CYV homeowner has to access the neighbor's yard inside the gate and fence to be able to maintain the side of his own building. In other parts of the country, this building type is referred to as "zero lot line" where your house is built right on the property line. Thus, to be able to maintain the side of your own house (paint, power wash, bug spray, etc) you need to be able to enter your neighbor's property. This is indeed called an easement. It does not allow you to do anything other than maintain your own home.

Agree- get out your plot plan. It refers and shows the easements. Then call a "good" real estate attorney if you still are unsure.
Very few people commenting here really have expertise in real estate issues.

There is an easement in the covenant that is a driveway easement. Almost Villas have it. Your neighbor must cross over the corner of your lot to get into their garage.

CYV properties have some unique easements and overlapping maintenance issues that may be confusing to those who aren't familiar with them.

All of the interior villa lots that I am familiar with have an area (in front of the gate) that is on the property of one villa owner, yet it is landscaped and maintained by the next door neighbor. The area is even watered using the non-owner's irrigation system.

I believe that is what Patti is referring to. Is that correct Patti?

The size and shape of these areas vary based on the size of the lot and the footprint of the home. Question Patti, is the entire area that you are concerned about watered by your neighbor's irrigation system, or have they extended their landscaping beyond the area that their sprinkler heads cover?