[fdpaq0580]

Originally Posted by BrianL99

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]

Originally Posted by fdpaq0580

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]

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]

Originally Posted by fdpaq0580

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]

Originally Posted by fdpaq0580

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]

The trees belong to the neighbor.

[Ropnrose]

Originally Posted by fdpaq0580

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

The trees belong to the neighbor.

[fdpaq0580]

Originally Posted by retiredguy123

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]

Originally Posted by Ropnrose

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]

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]

Originally Posted by fdpaq0580

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.