[BrianL99]

Originally Posted by JustSomeGuy

...Just because we all an easement for possible sidewalks or utilities next to the street it does not transfer to someone walking a dog and allow them to use it as they please (but I personally do not care if you let your dog walk on my lawn....)

That is likely incorrect.

Very few homes in The Villages have easements for sidewalks or utilities, next to the street. People often use the wrong terminology, when talking about the "non-travelled part (non-paved) of the way".

In the olden days, folks often owned to the centerline of a street/road and the roadway was located on an easement. That is no longer the case, particularly if the road was layed out in the last 50 years. These days, a road "taking" or a road "layout", is usually 40%-100% wider than the proposed travelled way (paved portion). The standard "taking" or "road layout" for a residential street, is typically 40' to 60', with the travelled way, occupying from about 24' to 30'.

The reason it's done this way, is to allow room for the municipality to: work on/repair the road, install utilities and to account for minor variances in the exact location of the road, when it's actually constructed.

The easement part is NOT the municipality being granted an easement for the road, it's the other way around. Abutting owner and drivers on the road are granted an easement to use the travelled way and the area immediately adjoining it. So in most cases, folks walking along the side of a road that doesn't have a sidewalk, are walking on municipally owned land and the homeowner has nothing to say about it.

If a city or state decides to built a major road or interstate, they may do a "taking" that could be 100's of feet wide, even though the actually roadway is only going to be 100' in width. Unless there are unusual constraints, it will normally be a "fee simple taking", rather than an easement.


Just a guess, but parts of the historic district might be different.

[retiredguy123]

Originally Posted by BrianL99

That is likely incorrect.

Very few homes in The Villages have easements for sidewalks or utilities, next to the street. People often use the wrong terminology, when talking about the "non-travelled part (non-paved) of the way".

In the olden days, folks often owned to the centerline of a street/road and the roadway was located on an easement. That is no longer the case, particularly if the road was layed out in the last 50 years. These days, a road "taking" or a road "layout", is usually 40%-100% wider than the proposed travelled way (paved portion). The standard "taking" or "road layout" for a residential street, is typically 40' to 60', with the travelled way, occupying from about 24' to 30'.

The reason it's done this way, is to allow room for the municipality to: work on/repair the road, install utilities and to account for minor variances in the exact location of the road, when it's actually constructed.

The easement part is NOT the municipality being granted an easement for the road, it's the other way around. Abutting owner and drivers on the road are granted an easement to use the travelled way and the area immediately adjoining it. So in most cases, folks walking along the side of a road that doesn't have a sidewalk, are walking on municipally owned land and the homeowner has nothing to say about it.

If a city or state decides to built a major road or interstate, they may do a "taking" that could be 100's of feet wide, even though the actually roadway is only going to be 100' in width. Unless there are unusual constraints, it will normally be a "fee simple taking", rather than an easement.


Just a guess, but parts of the historic district might be different.

To clarify, the section of land adjacent to the street is not an easement. It is a "right-of-way" and it is owned by the county, city, or The Villages. The homeowner's property starts at the front lot line, which is usually about 5 to 10 feet back from the curb or the paved street. You can see exactly where your property is located by looking at your official plat. It shows the front, sides, and rear property lines. Many homeowners think that they own the property all the way to the curb, but they do not. Although, in most cases, they are required to mow the grass in that area. The official survey plat shows exactly where your property lines are located.

[jimhoward]

Fascinating to read all the responses. When I read the post, I was thinking who would care about somebody mowing two feet onto their property to go around a tree? But evidently upon reading the responses, a lot of people would care.

[BrianL99]

Originally Posted by jimhoward

Fascinating to read all the responses. When I read the post, I was thinking who would care about somebody mowing two feet onto their property to go around a tree? But evidently upon reading the responses, a lot of people would care.

The Villages is made up of a lot of caring folks.

& I have the opposite take. Who would just mow grass on someone else's yard and think that's ok?

[Ropnrose]

Originally Posted by TnTTV

Hi, I have a large tree on the side of my property. After the tree I have about 2 feet of grass before the neighbors property begins. I use a lawn service and when come through they circle around the tree so go onto the neighbors property about 2 feet just to get around and cut the rest of my grass. Is that acceptable under easement rules? Just looking to get that answer for sure.

My lawn service uses a push mower. When I had a service with the large zero turn riding mowers, they were leaving a 'track' in my yard. My neighbor's lawn service uses the riding mowers. The situation was similar to yours, with neighbor's trees along the property line. Their service was coming into my yard and created a depression where water was accumulating. It killed my lawn in that area. I asked the neighbor to tell her service to not come into my yard. It was hit and miss. I eventually put some large planters along the area where they were entering my yard. That solved the problem.

[fdpaq0580]

Originally Posted by BrianL99

The Villages is made up of a lot of caring folks.

& I have the opposite take. Who would just mow grass on someone else's yard and think that's ok?

Also, who would let their dog play, poop and pee and scratch up someone else's yard and think that's OK.
Reality is this. You own the landscape to the road or sidewalk or the wall or your neighbors landscape. You bought it. You maintain it. It is yours. Regardless of "easement's", only authorized utility, maintenance or safety personnel may trespass for the appropriate purposes. All others are trespassers and should keep to the road or sidewalk provided! And, NO! Asking forgiveness after the fact is NOT acceptable.

[fdpaq0580]

Originally Posted by Ropnrose

My lawn service uses a push mower. When I had a service with the large zero turn riding mowers, they were leaving a 'track' in my yard. My neighbor's lawn service uses the riding mowers. The situation was similar to yours, with neighbor's trees along the property line. Their service was coming into my yard and created a depression where water was accumulating. It killed my lawn in that area. I asked the neighbor to tell her service to not come into my yard. It was hit and miss. I eventually put some large planters along the area where they were entering my yard. That solved the problem.

Have you thought about having the tree on the property line removed?

[Bogie Shooter]

Originally Posted by fdpaq0580

Also, who would let their dog play, poop and pee and scratch up someone else's yard and think that's OK.
Reality is this. You own the landscape to the road or sidewalk or the wall or your neighbors landscape. You bought it. You maintain it. It is yours. Regardless of "easement's", only authorized utility, maintenance or safety personnel may trespass for the appropriate purposes. All others are trespassers and should keep to the road or sidewalk provided! And, NO! Asking forgiveness after the fact is NOT acceptable.

Landscaping is not allowed in easement/right of way.
Look it up

[BrianL99]

Originally Posted by fdpaq0580

Also, who would let their dog play, poop and pee and scratch up someone else's yard and think that's OK.
Reality is this. You own the landscape to the road or sidewalk or the wall or your neighbors landscape. You bought it. You maintain it. It is yours. Regardless of "easement's", only authorized utility, maintenance or safety personnel may trespass for the appropriate purposes. All others are trespassers and should keep to the road or sidewalk provided! And, NO! Asking forgiveness after the fact is NOT acceptable.

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

[fdpaq0580]

Originally Posted by Bogie Shooter

Landscaping is not allowed in easement/right of way.
Look it up

Lawn is part of your landscaping, sprinklersystem also. It was there when I purchased new. Guess there should be lots and lots of bare ground running around throughout all of TV since that is where our utilities all run. So that is where the easement normally run. No permanent structures of any kind that could bar access for maintenance, repair or emergency. No out buildings (sheds), hardscape, rockwalls, trees, etc, obstructing access.

[fdpaq0580]

Originally Posted by BrianL99

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]

Originally Posted by fdpaq0580

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]

Originally Posted by BrianL99

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]

Originally Posted by BrianL99

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]

Originally Posted by fdpaq0580

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