Talk of The Villages Florida
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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/)

Jameson 08-11-2023 09:08 AM
I agree with the damages they are causing. Maybe have your wall cleaned by a pro and send the owner the bill. If they don't pay then sue them in small claims court. They should get the message. It may be wise to put them on notice first, maybe via Airbnb and directly.

JGibson 08-11-2023 10:28 AM
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.

Oscawana 08-11-2023 11:15 AM
I agree. I wish there was a way we could impact a change on this

nn0wheremann 08-11-2023 02:27 PM
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?
Be glad it is not a turkey fryer

Topspinmo 08-11-2023 04:18 PM
Quote:
Originally Posted by Bill14564 (Post 2243905)
Trespassing is never a good idea.

Look at your deed restrictions to see what rights you have. You may have some control over the use of the property next to your wall. You may also have rights to access that area.

Customer Service Center and/or the VPSD would be the best to contact regarding the rules.
In CYV owners has right to inspect his side of house, that 1 foot assessment is there for this exact propose, nothing should come with 1 foot of neighbor’s wall.

Bill14564 08-11-2023 04:38 PM
Quote:
Originally Posted by Topspinmo (Post 2244216)
In CYV owners has right to inspect his side of house, that 1 foot assessment is there for this exact propose, nothing should come with 1 foot of neighbor’s wall.
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.

retiredguy123 08-11-2023 04:57 PM
Quote:
Originally Posted by Topspinmo (Post 2244216)
In CYV owners has right to inspect his side of house, that 1 foot assessment is there for this exact propose, nothing should come with 1 foot of neighbor’s wall.
Not exactly. I would suggest that you read the deed restriction document very, very carefully. There is nothing in the document that limits the access to within one foot of the neighbor's exterior wall. It is complicated, but I have read it many times, and there is no one foot limit. The one foot limit only applies to the property line, not to the exterior wall.

Topspinmo 08-11-2023 05:19 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.

Over hang is 1 foot.

Topspinmo 08-11-2023 05:24 PM
Quote:
Originally Posted by retiredguy123 (Post 2244242)
Not exactly. I would suggest that you read the deed restriction document very, very carefully. There is nothing in the document that limits the access to within one foot of the neighbor's exterior wall. It is complicated, but I have read it many times, and there is no one foot limit. The one foot limit only applies to the property line, not to the exterior wall.
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.

Topspinmo 08-11-2023 05:28 PM
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?
If you wall damaged make the neighbor owner pay for it.

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?


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