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/)
-   -   Easements question (https://www.talkofthevillages.com/forums/villages-florida-general-discussion-73/easements-question-357521/)

fdpaq0580 03-29-2025 07:59 PM

Quote:

Originally Posted by BrianL99 (Post 2419527)
If you were to do some research, I think you'll find that your assumptions and conclusions are incorrect. Please read my post #31.

Attached is a Screen Shot of the Sumter County GIS system, of a typical area in The Villages. Please note, "property lines" do not extend to the paved portion of the road. Property lines are typically at least 10' from the actual paved portion of the roadway and that land does not belong to the homeowner (I'm getting conflicting stories, whether it belongs to TV or the County ... my guess is that TV owns it) Whoever owns it, it is part of the road layout (taking) and the public has the right to use it.

Per Sumter County regulations, most Roadways in the county are now a minimum of 50' in width, with 24'-26' being paved. TV is a little different, as it's permitted as a planned community.

You can look up your address, here: ArcGIS Web Application

Re-read your post #31. My assumption/understanding remains. The land/dirt/sand of X width that surrounds the perimeter of the home, regardless of who holds the easement/roadway/right-of-way/mineral rights, etc, has the right/authority to access that area as necessary, for specific purposes/reasons. The developer put in grass an sprinklers to the curb/sidewalk/ back wall. I bought , as part of this purchase, the grass and irrigation system. That is mine. Like my car, parked on the street, I don't own the street, but I own the car. Emergency service may require the removal of my car and they have the right so to do. The general public does not have the authority to take advantage of my car.
So, utility workers and emergency personnel welcome 24/7 as necessary. However, dog walker from the villa who doesn’t want Fluffy from defiling her small yard, and decides to use my yard as a dog toilet, KEEP OFF!
Simple respect for neighbors and their homes and yards and expenses for maintaining it to the best of their ability.

BrianL99 03-30-2025 04:48 AM

Quote:

Originally Posted by fdpaq0580 (Post 2419541)

Re-read your post #31. ... The developer put in grass an sprinklers to the curb/sidewalk/ back wall. I bought , as part of this purchase, the grass and irrigation system. That is mine.


You may have paid for the irrigation and grass, but you didn't buy the land area from the street pavement to your property line. The Developer didn't sell it to you. You don't own it.

He doesn't have an "easement to use your property" ... you (& everyone else) has an easement to use his property..

fdpaq0580 03-30-2025 09:16 AM

Quote:

Originally Posted by BrianL99 (Post 2419559)
You may have paid for the irrigation and grass, but you didn't buy the land area from the street pavement to your property line. The Developer didn't sell it to you. You don't own it.

He doesn't have an "easement to use your property" ... you (& everyone else) has an easement to use his property..

Fine. I think we may be describing the same thing from different points of view. Let's find out.
Who owns your grass and irrigation system? Not talking about the dirt/minerals underneath the sod.

retiredguy123 03-30-2025 09:44 AM

Quote:

Originally Posted by BrianL99 (Post 2419527)
If you were to do some research, I think you'll find that your assumptions and conclusions are incorrect. Please read my post #31.

Attached is a Screen Shot of the Sumter County GIS system, of a typical area in The Villages. Please note, "property lines" do not extend to the paved portion of the road. Property lines are typically at least 10' from the actual paved portion of the roadway and that land does not belong to the homeowner (I'm getting conflicting stories, whether it belongs to TV or the County ... my guess is that TV owns it) Whoever owns it, it is part of the road layout (taking) and the public has the right to use it.

Per Sumter County regulations, most Roadways in the county are now a minimum of 50' in width, with 24'-26' being paved. TV is a little different, as it's permitted as a planned community.

You can look up your address, here: ArcGIS Web Application

Note that, in courtyard villa areas, the streets are private roads, owned and maintained by The Villages, including the right-of-way. In most other areas, the road is a county (or city) road and the right-of-way is owned by the county or city for road maintenance and possible road widening.

BrianL99 03-30-2025 09:51 AM

Quote:

Originally Posted by fdpaq0580 (Post 2419630)
Fine. I think we may be describing the same thing from different points of view. Let's find out.
Who owns your grass and irrigation system? Not talking about the dirt/minerals underneath the sod.

Not a simple question.

"You" have an obligation to maintain the grass and irrigation system (per your Deed).

"You" own it, to the extent you would still own a "bucket" you placed on that grass or area.

"You" do not own it, to the extent you could place a light post on it.

TV (or the County) could tell you, you must remove "your" grass and "they" will replace it with stone, you would then be obligated to maintain the stone.

"You" do not have any ownership interest in the land, but maintain an ownership interest on anything you place on it (or in it, to the extent that's allowable).

"You" and everyone else, is allowed to use the area "as roads are commonly used in the County of Sumter" (that's just typical language used, but sometimes varies in non-significant ways).

Roads are commonly used to pass & repass, on foot or motorized vehicles. They are used for the placement of utilities and appurtenances. They are generally used for access of one sort or another.

Where folks who don't do it for a living, often get confused, is they think when they buy a plot of land, they're simple buying that portion of the earth. That is untrue. When you buy property, you are buying a "bundle of rights". Land is seldom sold as "Fee Simple Absolute".

Most every real estate transactions involves a different "bundle", which is why your seemingly simple question, is no where near as simple as it sounds.

You can get a reasonable explanation, here: Bundle of Rights: Everything You Must Know

fdpaq0580 03-30-2025 11:09 AM

Quote:

Originally Posted by BrianL99 (Post 2419641)
Not a simple question. ]

Actually, it is a simple question.
Do you own the grass and irrigation parts and pieces?
Possible answeres: "I do", or, "someone other than me".

Alternative question. If you purchase a new golfcart and park it at the end of your driveway in the easement, who now owns it, maintains it, and may use it as they desire? You, or the general public?
I'm guessing you own it and only emergency services personnel would legally allowed to move it.

BrianL99 03-30-2025 01:43 PM

Quote:

Originally Posted by fdpaq0580 (Post 2419674)
Actually, it is a simple question.
Do you own the grass and irrigation parts and pieces?
Possible answeres: "I do", or, "someone other than me".

Alternative question. If you purchase a new golfcart and park it at the end of your driveway in the easement, who now owns it, maintains it, and may use it as they desire? You, or the general public?
I'm guessing you own it and only emergency services personnel would legally allowed to move it.


Not the best analogy in the world, "Grass" is attached to the surface. Irrigation is buried beneath the service. Presumably, your vehicle is atop the surface, as is the "bucket" I used in my analogy.

& it is not a "simple question", because the answer could vary, due to different language used in various deeds through the years.

Under Common Law, I don't think you would "own" the grass, but I think you would "own" the physical pieces of the irrigation system. That's not really Land Use Law & if you're going to veer away from Land Use Law, I don't know enough about.

For purposes of the use of the easement, ownership of the grass or irrigation isn't relevant. The only relevant part is, who gets to walk on it and the answer is always the same. The Grantor [TV or the County] gets to decide and in the case of a road layout, they've already decided.

fdpaq0580 03-30-2025 02:20 PM

There are 7 types of easement. Each specifies certain arrangements per access requirements. Basically, for homes the easement gives the homeowner right to use as he/she wishes so long as there is no blockage of access for utility/maintenance/emergency personnel or equipment. Easement does not allow unfettered access for the general public as a community common ground, park or parking area, or dog walking, as some wish to believe.
Earlier in this thread there was even mention of the ability to have your home taken from you due to easement. No! That can happen if the government enacts Eminent Domain to aquire large tracts of land for highways/interstates. But first they must pay the property owners.
Bottom line, if you don't own it, stay out of it, off of it, don't touch it. Be a decent, respectful human being.

BrianL99 03-30-2025 02:35 PM

Quote:

Originally Posted by fdpaq0580 (Post 2419715)
There are 7 types of easement. Each specifies certain arrangements per access requirements. Basically, for homes the easement gives the homeowner right to use as he/she wishes so long as there is no blockage of access for utility/maintenance/emergency personnel or equipment. Easement does not allow unfettered access for the general public as a community common ground, park or parking area, or dog walking, as some wish to believe.
Earlier in this thread there was even mention of the ability to have your home taken from you due to easement. No! That can happen if the government enacts Eminent Domain to aquire large tracts of land for highways/interstates. But first they must pay the property owners.
Bottom line, if you don't own it, stay out of it, off of it, don't touch it. Be a decent, respectful human being.


You are confusing the word "easement" with a "road". In the case of the roads in TV are NOT located on Easements, they are Fee Simple properties. The paved portion is OWNED by the County. The un-paved area of the Roads are owned by TV or the County.

The only "easement' involved a road, is an Easement to allow ALL of the Public (TV owners or not), use of that land. TV and/or the County are the Grantors of the Easement.

Abutting property owners do not own the land, but have an easement to use it (along with everyone else) and the obligation to maintain it.

BTW, there are thousands of types of easements, not "7". The various kinds of easements are limited only by a Grantor's imagination. I hold "view easements" on properties. I hold easements to "cut trees to maintain a view", I hold easements to "reconfigure frontage" and install utilities. I once owned a piece of property that had a deed restriction that prohibited anyone who had spent time in an Insane Asylum or was a member of the Jewish faith from occupying the property.

retiredguy123 03-30-2025 02:36 PM

Quote:

Originally Posted by fdpaq0580 (Post 2419715)
There are 7 types of easement. Each specifies certain arrangements per access requirements. Basically, for homes the easement gives the homeowner right to use as he/she wishes so long as there is no blockage of access for utility/maintenance/emergency personnel or equipment. Easement does not allow unfettered access for the general public as a community common ground, park or parking area, or dog walking, as some wish to believe.
Earlier in this thread there was even mention of the ability to have your home taken from you due to easement. No! That can happen if the government enacts Eminent Domain to aquire large tracts of land for highways/interstates. But first they must pay the property owners.
Bottom line, if you don't own it, stay out of it, off of it, don't touch it. Be a decent, respectful human being.

See Post No. 32. The property adjacent to the road is NOT an easement. It is a "right-of-way". This property is not owned by the homeowner. It is owned by the county or whoever owns and maintains the road. Calling it an easement is not correct. Read your official plat to see where your actual property lines are located.

Ropnrose 03-30-2025 02:56 PM

The trees belong to the neighbor.

Ropnrose 03-30-2025 02:57 PM

Quote:

Originally Posted by fdpaq0580 (Post 2419498)
Have you thought about having the tree on the property line removed?

The trees belong to the neighbor.

fdpaq0580 03-30-2025 08:43 PM

Quote:

Originally Posted by retiredguy123 (Post 2419720)
See Post No. 32. The property adjacent to the road is NOT an easement. It is a "right-of-way". This property is not owned by the homeowner. It is owned by the county or whoever owns and maintains the road. Calling it an easement is not correct. Read your official plat to see where your actual property lines are located.

Mine shows "easement". Allows access to utilities.
As to your "right-of-way" adjacent to the road (thru the neighborhood lawns), try driving it in your car for a month. Consider it research. I won't do it because I, right or wrong, believe that is my neighbor's yard and I would be trespassing and not being a nice, respectful neighbor.
You can do it because you think (or seem to think) it is perfectly OK and you and the general public have ever right to do so. Or is there something about"actual "right-of-way" definition that might not be quite as represented.
I'll treat my neighbors with respect and not trespass on there lawns. You do as you think appropriate as a good neighbor.

fdpaq0580 03-30-2025 09:06 PM

Quote:

Originally Posted by Ropnrose (Post 2419722)
The trees belong to the neighbor.

Did they get permission to plant it on the property line? If you ould like it gone, have you discussed it's removal or relocation with the neighbor? You may need to speak to ARC in any case. Good luck.

fdpaq0580 03-30-2025 10:34 PM

FYI


An easement is a right of use over someone else's land, granted through a legal agreement or by necessity, allowing specific activities like access, utilities, or preservation.

Types of Easement

1. Affirmative Easement: Grant's the right to use the land in a specific way (eg, access to a road.)
2. Negative Easement: Restricts the property owner from doing something on their land that would be otherwise permitted. (eg, blocking a view.)
3. Appurtenant Easement: Benefits a specific property (the "dominant estate") and burdens another property (the "servant estate")
4. Easement in Gross: Grant's the right to use the land to an individual or entity, not tied to a specific property (eg, a utility company's right to access for repairs.)
5. Prescriptive Easement: Acquired through continuous, open and uninterrupted use of another's property. (eg, a path used for many years.)
6. Utility Easement: Allows utility companies access to property to install and maintain services (eg, power lines and water pipes.)
7. Conservation Easement: Limits the use of the land to protect natural resources, such as endangered species, ecosystems.

How Easements are Created
1. Express Grant: A written agreement between parties granting the Easement
2. Implied Easement: Arises from circumstances, such as when property is divided and a necessary access route is Implied.
3. Easement by Necessity: Created when a property is landlocked and needs access to a public road or utility
4. Easement by Prescription: Acquired through long-term, open and uninterrupted use.

BrianL99 03-31-2025 07:03 AM

1 Attachment(s)
Quote:

Originally Posted by fdpaq0580 (Post 2419715)
There are 7 types of easement. Each specifies certain arrangements per access requirements. .


I would urge you to do more research and not rely on anecdotal information from random websites.


All times are GMT -5. The time now is 07:26 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.