Talk of The Villages Florida

Talk of The Villages Florida (https://www.talkofthevillages.com/forums/)
-   The Villages, Florida, General Discussion (https://www.talkofthevillages.com/forums/villages-florida-general-discussion-73/)
-   -   Barbeque grills next to the house. (https://www.talkofthevillages.com/forums/villages-florida-general-discussion-73/barbeque-grills-next-house-343312/)

Bill14564 08-11-2023 05:32 PM

Quote:

Originally Posted by Bill14564 (Post 2244232)
I believe you mean easement and not all deed restrictions provide for that 1 foot section. I haven't looked at many but I haven't found it at all. The typical language is:
The Owner of the servient tenement shall have the right at all reasonable times to enter upon the easement area, including the right to cross over the dominant tenement for such entry, in order to perform work related to the use and maintenance of the servient tenement.
Depending on the definition of "reasonable times," probably a defense against trespassing. Note, this doesn't necessarily give the right to touch or move anything within the easement.

Description of the Side Yard Easement. The side yard easement shall extend over that portion of the servient tenement lying between the side Homesite lot line of the dominant tenement and the building wall...
No mention at all of a one foot exclusion from the easement.

Quote:

Originally Posted by Topspinmo (Post 2244249)
Over hang is 1 foot.

Where in my post do you see the word over hang? Where in your deed restrictions do you see the word over hang? I see "and the building wall" not "up to one foot of the building wall" or "up to the over hang."

tophcfa 08-11-2023 07:19 PM

Quote:

Originally Posted by JGibson (Post 2244069)
Thank you everyone for your insight and advice greatly appreciated.

I have pictures for proof when I move it and my reason for moving it.

Also I will stop by the VPSD and show them the pics.

I don't think there is any damage that a pressure washing can't fix.

Sad thing is everyone on our block pressure washes each other's neighborhoods side wall as it's more convenient for everyone and don't have to go in neighbors yard but this Airbnb owner won't so I still pressure wash my other neighbors side wall and mine.

They are also negligent about the weeds and landscaping, I hate to be that guy filing out a complaint but they're giving me no choice.

Thanks everyone.

Good luck with your dilemma, I feel for you. Just don’t wast your time mentioning that short term rentals are part of your complaint because nothing will be done about that.

Marsha11 08-11-2023 07:46 PM

I'm thinking of you canceling this issue to renters. Thats the least you need to do as lanlord

Topspinmo 08-11-2023 08:31 PM

Quote:

Originally Posted by Bill14564 (Post 2244259)
Where in my post do you see the word over hang? Where in your deed restrictions do you see the word over hang? I see "and the building wall" not "up to one foot of the building wall" or "up to the over hang."

Read further down it talks about one foot assessment.

Topspinmo 08-11-2023 08:40 PM

Quote:

Originally Posted by tophcfa (Post 2244278)
Good luck with your dilemma, I feel for you. Just don’t wast your time mentioning that short term rentals are part of your complaint because nothing will be done about that.


Nothing will be done calling country fire department in Marion county. I don’t about other counties? District told me to call county fire department. I had same problem barbecuing right up against my wall. After couple discussions with neighbor about damage and law suit moved the grill away from wall. I was afraid it was going to melt plastic esophagus at top of wall or worse catch fire especially if they had grease fire. Some people don’t think or don’t care as long as not affecting them. They got all these rules you think that would one?

Bill14564 08-11-2023 08:49 PM

Quote:

Originally Posted by Topspinmo (Post 2244293)
Read further down it talks about one foot assessment.

Section 3? That pertains to encroachment due to settling and shifting of construction and improvements.

retiredguy123 08-11-2023 10:48 PM

Quote:

Originally Posted by Bill14564 (Post 2244296)
Section 3? That pertains to encroachment due to settling and shifting of construction and improvements.

Correct. The only reference to a one foot distance is about an "encroachment" of the property line, which is not referring to a one foot distance from the exterior wall. The property line is 5 feet away from the exterior wall. There is nothing in the document that says anything about a one foot distance from the exterior wall.

retiredguy123 08-11-2023 11:11 PM

Quote:

Originally Posted by Topspinmo (Post 2244254)
I did same goes for out front door I can’t have nothing within 1 foot of neighbors house. If I do and i damage his house I am responsible. it don’t not cover the driveway due to curving, which can make it hard to get out of my garage when brick retaining wall sticks up.

See Post No. 47. You are misreading what the document actually says about a one foot distance.

Dotneko 08-12-2023 01:39 AM

Quote:

Originally Posted by Topspinmo (Post 2244254)
I did same goes for out front door I can’t have nothing within 1 foot of neighbors house. If I do and i damage his house I am responsible. it don’t not cover the driveway due to curving, which can make it hard to get out of my garage when brick retaining wall sticks up.

Are you OK? Your last several replies have odd wordings. Is there someone there to see if you are having a stroke?

Topspinmo 08-12-2023 07:04 AM

Quote:

Originally Posted by Bill14564 (Post 2244296)
Section 3? That pertains to encroachment due to settling and shifting of construction and improvements.

So why when people put pavers down or concrete there alway one foot area from owners side of the house or out front door? I read several years ago somebody concrete the space up to neighbors house and had to remove it. I will not put myself in situations to damage my neighbors property.

Bill14564 08-12-2023 07:20 AM

Quote:

Originally Posted by Topspinmo (Post 2244382)
So why when people put pavers down or concrete there alway one foot area from owners side of the house or out front door? I read several years ago somebody concrete the space up to neighbors house and had to remove it. I will not put myself in situations to damage my neighbors property.

I don't know about pavers or concrete. This thread was about a grill.

Maybe we can put the one foot issue to bed...

1. There are two people on here who have looked at the deed restrictions and cannot find the one foot that you mention. You have looked at the deed restrictions and the only mention of one foot you have found concerns an encroachment by an improvement. There just doesn't seem to be anything in the deed restrictions about placing non-fixed items (grills) within one foot of the wall.

2. Most grills cannot be placed within one foot of the wall. When I open the cover to my grill it swings back and takes up space behind the grill. If my grill is within a foot of the wall behind it I would not be able to open the cover. Many (not all) grills are like this. It is likely that the grill in question is not closer than one foot to the house anyway.

3. It doesn't matter how far away from the wall the grill is, if it causes damage then the grill owner is responsible. If the grill is three feet away but causes damage the grill owner is still responsible. Placing the grill closer to the house makes it more likely damage will occur but moving it away does not guarantee damage will not occur.

So there does not appear to be a one foot restriction, it is not likely the grill is within one foot of the house anyway, and none of that matters since if the grill causes damage the grill owner is responsible no matter how far away the grill was.

JGibson 08-12-2023 07:26 AM

So if the property line is 5 feet from exterior wall does that mean the bushes she put up against my wall could be a deed violation also if I didn't want them there.
I can't pressure wash behind the bushes which doesn't really upset me like the barbecue but would be good to know in case she gets real difficult about the grill. Thanks.

retiredguy123 08-12-2023 07:33 AM

Quote:

Originally Posted by JGibson (Post 2244399)
So if the property line is 5 feet from exterior wall does that mean the bushes she put up against my wall could be a deed violation also if I didn't want them there.
I can't pressure wash behind the bushes which doesn't really upset me like the barbecue but would be good to know in case she gets real difficult about the grill. Thanks.

The sideyard easement allows your neighbor to landscape the entire 10 foot area inside the fence and between your houses. But, the landscaping cannot touch your house or have anything attached to your house.

JGibson 08-12-2023 07:37 AM

Quote:

Originally Posted by Bill14564 (Post 2244395)
I don't know about pavers or concrete. This thread was about a grill.

Maybe we can put the one foot issue to bed...

1. There are two people on here who have looked at the deed restrictions and cannot find the one foot that you mention. You have looked at the deed restrictions and the only mention of one foot you have found concerns an encroachment by an improvement. There just doesn't seem to be anything in the deed restrictions about placing non-fixed items (grills) within one foot of the wall.

2. Most grills cannot be placed within one foot of the wall. When I open the cover to my grill it swings back and takes up space behind the grill. If my grill is within a foot of the wall behind it I would not be able to open the cover. Many (not all) grills are like this. It is likely that the grill in question is not closer than one foot to the house anyway.

3. It doesn't matter how far away from the wall the grill is, if it causes damage then the grill owner is responsible. If the grill is three feet away but causes damage the grill owner is still responsible. Placing the grill closer to the house makes it more likely damage will occur but moving it away does not guarantee damage will not occur.

So there does not appear to be a one foot restriction, it is not likely the grill is within one foot of the house anyway, and none of that matters since if the grill causes damage the grill owner is responsible no matter how far away the grill was.

I didn't go an actually measure with a tape so it could be 1 1/2 - 2 feet but as you mention the lid will open farther than the grill which would put it within inches off my house.

When they built these houses they put a slab of concrete for grills outside the glass sliding door with front and back of grill facing away from both houses.

That is where the grill is supposed to go.

Bill14564 08-12-2023 07:49 AM

Quote:

Originally Posted by JGibson (Post 2244411)
I didn't go an actually measure with a tape so it could be 1 1/2 - 2 feet but as you mention the lid will open farther than the grill which would put it within inches off my house.

When they built these houses they put a slab of concrete for grills outside the glass sliding door with front and back of grill facing away from both houses.

That is where the grill is supposed to go.

I haven't stayed in many home rentals but I was always careful to try and leave things the way I found them. I didn't move furniture (or at least I moved it back) and that includes outdoor furniture. I don't know who put things the way I found them, I just took care to leave them there.

Is it possible a previous renter put the grill near your house and the homeowner has no idea it was moved? Perhaps just asking the current renter to use the pad would correct the situation.

Topspinmo 08-12-2023 08:20 AM

Quote:

Originally Posted by Bill14564 (Post 2244395)
I don't know about pavers or concrete. This thread was about a grill.

Maybe we can put the one foot issue to bed...

1. There are two people on here who have looked at the deed restrictions and cannot find the one foot that you mention. You have looked at the deed restrictions and the only mention of one foot you have found concerns an encroachment by an improvement. There just doesn't seem to be anything in the deed restrictions about placing non-fixed items (grills) within one foot of the wall.

2. Most grills cannot be placed within one foot of the wall. When I open the cover to my grill it swings back and takes up space behind the grill. If my grill is within a foot of the wall behind it I would not be able to open the cover. Many (not all) grills are like this. It is likely that the grill in question is not closer than one foot to the house anyway.

3. It doesn't matter how far away from the wall the grill is, if it causes damage then the grill owner is responsible. If the grill is three feet away but causes damage the grill owner is still responsible. Placing the grill closer to the house makes it more likely damage will occur but moving it away does not guarantee damage will not occur.

So there does not appear to be a one foot restriction, it is not likely the grill is within one foot of the house anyway, and none of that matters since if the grill causes damage the grill owner is responsible no matter how far away the grill was.


So those two people are lawyers? If not it their opinion of interpretation of lawyers jargon.


So most grills you reaching, why just say don’t put crap against neighbors house, if you do you will be responsible for damage. Don’t matter whether it’s rental or not the owner responsibility. You have you opinion and I have mine. I will not put myself in that predicament. Why encourage others? Also the one foot area so I can put termites protection in and for drainage.

Topspinmo 08-12-2023 08:26 AM

Quote:

Originally Posted by JGibson (Post 2244399)
So if the property line is 5 feet from exterior wall does that mean the bushes she put up against my wall could be a deed violation also if I didn't want them there.
I can't pressure wash behind the bushes which doesn't really upset me like the barbecue but would be good to know in case she gets real difficult about the grill. Thanks.

If bushes cause damage you can get relief. I’d be more concerned with irrigation which IMO was stupid putting irrigation pop up und over hang of someone else’s property. It those pop up fail water may shoot up into neighbors addict. I would think in that would be their fault. But, only lawyers can answer that question. And yes I can have opinion.

retiredguy123 08-12-2023 08:35 AM

Quote:

Originally Posted by Topspinmo (Post 2244453)
If bushes cause damage you can get relief. I’d be more concerned with irrigation which IMO was stupid putting irrigation pop up und over hang of someone else’s property. It those pop up fail water may shoot up into neighbors addict. I would think in that would be their fault. But, only lawyers can answer that question. And yes I can have opinion.

Good point. It was not a good idea for the developer to install about 5 pop-up sprinklers under the eave of someone else's house. If your next door neighbor has a broken sprinkler head, the water can get into your attic and actually flood your house. You should periodically inspect your eaves to make sure this situation is not occurring.

Bill14564 08-12-2023 08:47 AM

Quote:

Originally Posted by Topspinmo (Post 2244443)
So those two people are lawyers? If not it their opinion of interpretation of lawyers jargon.

Not lawyers, just proficient in understanding the English language and took the time to read the deed restrictions.


Quote:

So most grills you reaching, why just say don’t put crap against neighbors house, if you do you will be responsible for damage. Don’t matter whether it’s rental or not the owner responsibility.
It might be useful to have another look at my number 3.

Quote:

You have you opinion and I have mine. I will not put myself in that predicament. Why encourage others? Also the one foot area so I can put termites protection in and for drainage.
I didn't encourage others to do anything, I simply tried to help you to understand what was in that document you signed. I'm done with that now.

Topspinmo 08-12-2023 10:35 AM

Quote:

Originally Posted by Bill14564 (Post 2244472)
Not lawyers, just proficient in understanding the English language and took the time to read the deed restrictions.




It might be useful to have another look at my number 3.



I didn't encourage others to do anything, I simply tried to help you to understand what was in that document you signed. I'm done with that now.

///

cjrjck 08-12-2023 11:20 AM

Quote:

Originally Posted by JGibson (Post 2243525)
My Airbnb neighbor has decided to put their grill a foot away from the side of my house and all the smoke and grease is on my side wall.

Before I ask them to move it closer to their house what are the rules for how close a grill can be to your neighbor's house or even your own house?

Maybe it is a cultural thing, but the southerner in me would lead me to ask the tenant and likely the owner to move the grill. Long before I would call the fire department or try to move it myself (which I highly advise against in a stand your ground state). I live in a CYV with stucco walls and can't even begin to picture my neighbors trying to scale the 5 to 6 foot wall. But if either asked me to move my grill under the circumstances your raise, I would not hesitate to do so.

retiredguy123 08-12-2023 11:52 AM

Quote:

Originally Posted by JGibson (Post 2244069)
Thank you everyone for your insight and advice greatly appreciated.

I have pictures for proof when I move it and my reason for moving it.

Also I will stop by the VPSD and show them the pics.

I don't think there is any damage that a pressure washing can't fix.

Sad thing is everyone on our block pressure washes each other's neighborhoods side wall as it's more convenient for everyone and don't have to go in neighbors yard but this Airbnb owner won't so I still pressure wash my other neighbors side wall and mine.

They are also negligent about the weeds and landscaping, I hate to be that guy filing out a complaint but they're giving me no choice.

Thanks everyone.

I have never heard of pressure washing a neighbor's house. I recently had my house washed, but I only had the 4 sides of my house washed. I would hate to leave a side of my house unwashed and to depend on my next door neighbor washing it for me. I don't think this is a common practice in The Villages. Has anyone else heard of this?

Topspinmo 08-12-2023 01:42 PM

Quote:

Originally Posted by retiredguy123 (Post 2244547)
I have never heard of pressure washing a neighbor's house. I recently had my house washed, but I only had the 4 sides of my house washed. I would hate to leave a side of my house unwashed and to depend on my next door neighbor washing it for me. I don't think this is a common practice in The Villages. Has anyone else heard of this?

Agree!

I don’t want somebody pressure washing my house, it’s not neighbors responsibility. Neighbors responsibility is NOT to damage my house. If does going to pay for damages to my satisfaction and I am very picky person. Some might as anal…

JGibson 08-13-2023 08:17 AM

Quote:

Originally Posted by retiredguy123 (Post 2244547)
I have never heard of pressure washing a neighbor's house. I recently had my house washed, but I only had the 4 sides of my house washed. I would hate to leave a side of my house unwashed and to depend on my next door neighbor washing it for me. I don't think this is a common practice in The Villages. Has anyone else heard of this?

I didn't start the precedent of washing neighbors wall just went with the flow of the very friendly neighbors precedent, but it's in my side yard and I have to look at it through my windows so it's no big deal and my neighbor appreciates it as he is 85 years old and not capable.

If your hire someone they don't want to do the neighbors wall.

Though my real issue is the grill not the pressure washing.

I also had no plans to call VPSD only swing by the station house and have a chat on the subject.

I just want to make sure I'm on solid foundation on this subject.

retiredguy123 08-13-2023 08:41 AM

Quote:

Originally Posted by JGibson (Post 2244789)
I didn't start the precedent of washing neighbors wall just went with the flow of the very friendly neighbors precedent, but it's in my side yard and I have to look at it through my windows so it's no big deal and my neighbor appreciates it as he is 85 years old and not capable.

If your hire someone they don't want to do the neighbors wall.

Though my real issue is the grill not the pressure washing.

I also had no plans to call VPSD only swing by the station house and have a chat on the subject.

I just want to make sure I'm on solid foundation on this subject.

Egner's washed my house for $85. Not worth doing it myself. I doubt that they would wash the neighbor's wall because of the liability.

retiredguy123 08-14-2023 07:16 AM

Quote:

Originally Posted by JGibson (Post 2243525)
My Airbnb neighbor has decided to put their grill a foot away from the side of my house and all the smoke and grease is on my side wall.

It's a CYV where my side wall is inside her fenced-in yard.

Before I ask them to move it closer to their house what are the rules for how close a grill can be to your neighbor's house or even your own house?

Regarding the OP 's initial question, here is the official reply I got from The Villages Public Safety office:

Hi,

Thank you for your question.
The placement of open flame grills codes apply only to condos and apartments.
There is no enforceable fire code for single family dwellings; however, there may be a restriction in your HOA rules and regulations.
Manufactures recommendations and best practice is to operate open flame grills at least 10 feet from structures; however, this is not enforceable through the Florida Fire Prevention Code, Seventh Edition.

Best Regards,

Edward D. Raulerson, Division Chief-Fire Prevention, CFPE
3035 S. Morse Boulevard | The Villages, Florida 32163
Direct: 352.205.8280 | Fax: 352.205.8290
Edward.Raulerson@DistrictGov.org | Village Community Development Districts

patfla06 08-14-2023 10:53 PM

That’s an inconsiderate thing to do.

I would move it also.

JGibson 08-15-2023 07:55 AM

Quote:

Originally Posted by retiredguy123 (Post 2245071)
Regarding the OP 's initial question, here is the official reply I got from The Villages Public Safety office:

Hi,

Thank you for your question.
The placement of open flame grills codes apply only to condos and apartments.
There is no enforceable fire code for single family dwellings; however, there may be a restriction in your HOA rules and regulations.
Manufactures recommendations and best practice is to operate open flame grills at least 10 feet from structures; however, this is not enforceable through the Florida Fire Prevention Code, Seventh Edition.

Best Regards,

Edward D. Raulerson, Division Chief-Fire Prevention, CFPE
3035 S. Morse Boulevard | The Villages, Florida 32163
Direct: 352.205.8280 | Fax: 352.205.8290
Edward.Raulerson@DistrictGov.org | Village Community Development Districts

Thanks for the research but I wonder if this applies to putting a grill on your neighbors wall.

The situation has been resolved in a peaceful matter but I will have to keep an eye on new renters moving back to my wall.

I need to find out who actually owns the house.

retiredguy123 08-15-2023 08:03 AM

Quote:

Originally Posted by JGibson (Post 2245582)
Thanks for the research but I wonder if this applies to putting a grill on your neighbors wall.

The situation has been resolved in a peaceful matter but I will have to keep an eye on new renters moving back to my wall.

I need to find out who actually owns the house.

You can search the address on the county real estate website. It will tell you the owner of the house.

Maker 08-15-2023 08:20 AM

Renters probably don't know all the fine points of the easements and property lines. Try knocking on their door and introduce yourself, and let them know that they need to move the grill off your property and away from your house. Perhaps they will right away and problem is solved.

Bill14564 08-15-2023 08:34 AM

Quote:

Originally Posted by Maker (Post 2245613)
Renters probably don't know all the fine points of the easements and property lines. Try knocking on their door and introduce yourself, and let them know that they need to move the grill off your property and away from your house. Perhaps they will right away and problem is solved.

Asking them to move the grill is the right approach.

But realize, the easement allows them use of the property right up to the house.

Maker 08-15-2023 04:56 PM

Quote:

Originally Posted by Bill14564 (Post 2245622)
Asking them to move the grill is the right approach.

But realize, the easement allows them use of the property right up to the house.

Using the property does not include causing damage. Renters have a security deposit that they would forfeit to cover damages, so they have an incentive not to do that.

Bill14564 08-15-2023 05:19 PM

Quote:

Originally Posted by Maker (Post 2245864)
Using the property does not include causing damage. Renters have a security deposit that they would forfeit to cover damages, so they have an incentive not to do that.

Please read again what I was replying to. The discussion was about the fine points of easement lines, not damage.

JGibson 08-16-2023 07:27 AM

Quote:

Originally Posted by retiredguy123 (Post 2245591)
You can search the address on the county real estate website. It will tell you the owner of the house.

Thanks I will do that.

To reiterate the issue has been solved peacefully and I was only trying to gain some insight on certain rules.

I would rather the owner tell her tenants about the grill then me having to knock on their door every time a new tenant comes in and moves the grill.


All times are GMT -5. The time now is 11:49 PM.

Powered by vBulletin® Version 3.8.11
Copyright ©2000 - 2025, vBulletin Solutions Inc.
Search Engine Optimisation provided by DragonByte SEO v2.0.32 (Pro) - vBulletin Mods & Addons Copyright © 2025 DragonByte Technologies Ltd.