Restrictions and Conformity
 

Bought a home here two years ago...thought we were in paradise...The Village Reality realtor knew we wanted to build a lanai on the side of our corner lot...he suggest a surveyor...survey came back that the easement left 15' from the house for the lanai...great...last month asked for bids...first contractor said immediately we could not built because easement leaves only 5' to build. Checked with Sumter County...sure enough - 10' from the curb for the county...then 20' by the developer!! for ????....asked about an easement appeal - The Villages haven't granted an easement appeal since the Morris' bought their first acre...I finally realized what the homes in The Villages reminded me of - a senior citizens' Levitt Town.

You didn't get a plat of your lot when you closed?

It looks like you really do own a home on a corner. Lots of people come on and post nasty grams just to cause a stink. I'm sorry it didn't turn out to be your dream. I don't have any suggestions because it pretty much is what it is. Best of luck.

we had the same issue......thought we would own that huge tract of land on a huge open corner lot.....

NOT.......but as always...we fall in love with the house and the location and then get the plot and reality sinks in...

you have to maintain the lot...but you can't use it....

Get a plot map before you sign anything.......

Actually it's Levittown, but anyway you could always sell what you have and buy what you want. Trust no one, check everything. :ohdear:

Now that you know your way around TV, look for exactly what you want -- then put your house on the market and sell it to someone who craves a corner lot. A very high percentage of Villagers move at least once before they settle into their "forever" house.

And this time, do your own due diligence! It's easy to blame someone else, but if something is important to you, check the facts yourself using reliable sources.

Why would the developer need a 20" easement? I understand the County needing the 15" since that's where all the stuff is but 20" for the Developer? Just doesn't sound logical.

Something that important to a buyer should be added to the sales contract as a contingency for your protection.

Contingencies give you a nice warm fuzzy feeling. Strangers don't like giving those feelings to other strangers.

I agree with what Bike42 said.

Yes, I agree, I should have been more involved, but I had gotten complacent. I have been through aout 8 homes in my life. I started in NY where everyone said you should have a lawyer, so I did. Of the 4 houses there, there was never any problem. I began thinking, like a lot of people do, that lawyers were just money managers at closing. Anyway, when I moved out of NY everyone said you didn't need a lawyer for a closing, and they were right - the builders were always cooperative, the real estate people were honest, the surveys were correct and registered correctly. I even had my real estate recognize the need for a zoning variance, which she managed, and it was not an issue at closing. So I took this attitude into THE Villages closing. As I have since found out, the real estate agent was basically an employee of the developer. The surveyor either didn't look to find an existing plat, or failed to register his survey with the county, or the county failed to compare the two. If I had hired a lawyer, he/she would have caught these mistakes and would have recommended I not buy the house.

We ran into a similar situation when we went to build our birdcage. We have streets front and back. We soon found there was an 8 foot utility right of way, and then a 20 foot area where we could not built any permanent structure. We had originally thought these over lapped, but a review of the plot plan showed that there is 28 feet that must remain clear of buildings. Fortunately there was sufficient side clearance to put in an L shaped birdcage of almost 800 square feet. I had previously gone to the Sumter County building department and had gotten a complete set of drawings for our house, and the first one was the plot plan. I then had to get an education as to what could be done and where. I hope the comment from the original realtor was from inexperience and not deception. It was good that your contractor pointed out that what you wanted to do could not be done. There was a case recently where a villager has to remove or reduce the size of his birdcage because it is over the easement. I am assuming that you have been to ARC for a review of your situation, and that they are not willing to grant an exception. Sorry for your experience, and hope that this has not turned you off to the villages.

These are think about, not answer publicly questions. Did you have a lender? Lenders have attorneys looking out for thrur best interest. Did you purchase title insurance? An owners policy, Not a lender policy? Actually, either might help. Don't know. If there was a survey and the surveyor missed something, can you go after the survey company for help? Have you spoken with a real estate attorney? You may need to go to Orlando, but an easy drive. You can go to Costco and trader joes while you are there.

There were two diagrams in the 100 page closing one was the original plat, which had very little info(but, as I was to find out later) that was was important. The Survey looked similar and post dated the original plat, so I assumed it was the latest and correct one. Again, without a lawyer, I was going into this very restictive living environment without a clue,

I understand and sympathize. Real estate transactions are complex and nerve-wracking. And just for future reference, TV has restrictions of course, but setbacks are almost universal. And they should be very specifically identified on the plat, one of the most important documents in the process.

I also agree with others...if you're not happy with this house, keep the faith. Somebody will love it and allow you to pursue your dream home. :)