[rubicon]

I appreciate the sound research being done by some posters.

[downeaster]

Originally Posted by kittygilchrist

Maybe downeaster can answer this definitively. I thought the same as mulligan. You own, pay taxes and maintain all of the lot. You can't build a permanent structure on easement or right of way in case TV needs access to buried utilities or the roads dept needs access for some reason I can't imagine.

maintenance responsibility is in my deed restrictions.

I can not answer definitively but can tell what is included on the plat furnished at closing. It shows a "10' wide special easement" in the rear reserved for, by not limited to, utilities and drainage. The front of my lot shows 13' from my front lot line to the edge of the concrete curb. It notes that the lot owner "shall have the obligation to mow and maintain all areas of easements and right-of-ways". Foot notes state the total to be maintained by me includes the 780 square foot section of right-of-way in front and the 600 square foot easement in back.

My interpretation? I own the 10' easement but am restricted as to its use. I do not own the 13' right-of-way between my front lot line and the curb. I am obligated to mow and maintain both.

As to trespassing, I'll cross that bridge when and if it ever becomes necessary.

[njbchbum]

Originally Posted by downeaster

I can not answer definitively but can tell what is included on the plat furnished at closing. It shows a "10' wide special easement" in the rear reserved for, by not limited to, utilities and drainage. The front of my lot shows 13' from my front lot line to the edge of the concrete curb. It notes that the lot owner "shall have the obligation to mow and maintain all areas of easements and right-of-ways". Foot notes state the total to be maintained by me includes the 780 square foot section of right-of-way in front and the 600 square foot easement in back.

My interpretation? I own the 10' easement but am restricted as to its use. I do not own the 13' right-of-way between my front lot line and the curb. I am obligated to mow and maintain both.

As to trespassing, I'll cross that bridge when and if it ever becomes necessary.

What tells you that you do not own the right-of-way?

[Patty55]

I don't know anything about Fla law but I had a situation with trespassing in NY. Nothing with POOP.

My former brother-in-law was trespassing on and vandalizing my property. I called the police, they took reports of damage but wouldn't talk to him unless I lied and said I saw him doing it.

So, I spoke to my attorney who advised me that since other people were allowed so was he and to press the trespassing issue there had to be malice on his part (there was).

My attorney served him with a stay away letter directing him to stay away from my home, my place of business, my barn, my vehicles and to avoid anywhere that he knew I was.

If you want to get serious about the POOP issue get the persons name and address, have your attorney write them a letter, send it certified and then when they reoffend LE will treat it seriously. IMO, unless you show how serious you are nothing will be done.

[tommy steam]

Originally Posted by downeaster

I can not answer definitively but can tell what is included on the plat furnished at closing. It shows a "10' wide special easement" in the rear reserved for, by not limited to, utilities and drainage. The front of my lot shows 13' from my front lot line to the edge of the concrete curb. It notes that the lot owner "shall have the obligation to mow and maintain all areas of easements and right-of-ways". Foot notes state the total to be maintained by me includes the 780 square foot section of right-of-way in front and the 600 square foot easement in back.

My interpretation? I own the 10' easement but am restricted as to its use. I do not own the 13' right-of-way between my front lot line and the curb. I am obligated to mow and maintain both.

As to trespassing, I'll cross that bridge when and if it ever becomes necessary.

Go down to the ARC. I'm sure they will explained it to you.

[Taltarzac725]

Originally Posted by Patty55

I don't know anything about Fla law but I had a situation with trespassing in NY. Nothing with POOP.

My former brother-in-law was trespassing on and vandalizing my property. I called the police, they took reports of damage but wouldn't talk to him unless I lied and said I saw him doing it.

So, I spoke to my attorney who advised me that since other people were allowed so was he and to press the trespassing issue there had to be malice on his part (there was).

My attorney served him with a stay away letter directing him to stay away from my home, my place of business, my barn, my vehicles and to avoid anywhere that he knew I was.

If you want to get serious about the POOP issue get the persons name and address, have your attorney write them a letter, send it certified and then when they reoffend LE will treat it seriously. IMO, unless you show how serious you are nothing will be done.

I would take a look at the American Bar Association pamphlet on relations with neighbors before going to an attorney. http://www.americanbar.org/content/d...thcheckdam.pdf Attorneys should be your last resort after running out of all your options. They actually mentioned something like this in some law school classes especially those that involved reasonable people and what they would do in such-and-such a situation. I know some people can be extremely unreasonable however.

[downeaster]

Originally Posted by njbchbum

What tells you that you do not own the right-of-way?

I went to some lengths to explain my interpretation in my previous post.

[downeaster]

Originally Posted by tommy steam

Go down to the ARC. I'm sure they will explained it to you.

Explain what to me? What does the ARC have to do with property ownership?

[kittygilchrist]

Originally Posted by njbchbum

What tells you that you do not own the right-of-way?

maybe this will help...I was surprised to learn that I do not own several feet on the street side of the property. This can be confirmed with a call to the property appraiser. And here's a very clear description of both easement and right of way.

Brevard County Public Works - Easements & Right of Way

What is an Easement?
An easement is a right of use granted over the property of another. The best examples are electrical utilities, water lines and access areas. The existence of an easement on your property does not impact your ownership, but rather provides for the use of a portion of your property for a specific purpose by another, non-title holding individual or entity.

What is a Right-of-Way?
The most common example of a right-of-way would be a roadway. In the case of a County maintained road, the land, or right-of-way is publicly owned, but you enjoy the use of it. The right-of-way is not necessarily limited to the paved or unpaved travel area of the road itself, but often includes the shoulders. Drainage ditches, sidewalks and other related structures and improvements are often located within the road right-of-way, but just outside the travel surface of the roadway. The width of this non-traveled area can vary.

The difference between the two is perhaps most easily understood through comparison. With an easement, you own the property and pay taxes on it, but someone else reserves the right to use it in a specific manner. With a Right-of-Way, someone else owns the property, but you enjoy the use of it (within predefined limits).
For information on rights-of-way and easements, there are two areas that might be of interest.

[kittygilchrist]

Originally Posted by Taltarzac725

I would take a look at the American Bar Association pamphlet on relations with neighbors before going to an attorney. http://www.americanbar.org/content/d...thcheckdam.pdf Attorneys should be your last resort after running out of all your options. They actually mentioned something like this in some law school classes especially those that involved reasonable people and what they would do in such-and-such a situation. I know some people can be extremely unreasonable however.

That's a good document, Tal...

It recommends these steps:
talk to the neighbor first,
write them a letter next, if unresolved,
call law enforcement
That's very patient...and I like it for a strategy.

In Patty's situation, there was clearly personal malice involved, in which case, nipping it in the bud seems wise.

[2BNTV]

My Uncle Joe had a dog named Flash. Flash pooped, where he wasn't supposed to.

Uncle Joe stuck Flashes nose, in it. Problem solved.

[njbchbum]

Originally Posted by downeaster

I went to some lengths to explain my interpretation in my previous post.

Well, excuuuuse me for not getting it!

[njbchbum]

Originally Posted by kittygilchrist

maybe this will help...I was surprised to learn that I do not own several feet on the street side of the property. This can be confirmed with a call to the property appraiser. And here's a very clear description of both easement and right of way.

Brevard County Public Works - Easements & Right of Way

What is an Easement?
An easement is a right of use granted over the property of another. The best examples are electrical utilities, water lines and access areas. The existence of an easement on your property does not impact your ownership, but rather provides for the use of a portion of your property for a specific purpose by another, non-title holding individual or entity.

What is a Right-of-Way?
The most common example of a right-of-way would be a roadway. In the case of a County maintained road, the land, or right-of-way is publicly owned, but you enjoy the use of it. The right-of-way is not necessarily limited to the paved or unpaved travel area of the road itself, but often includes the shoulders. Drainage ditches, sidewalks and other related structures and improvements are often located within the road right-of-way, but just outside the travel surface of the roadway. The width of this non-traveled area can vary.

The difference between the two is perhaps most easily understood through comparison. With an easement, you own the property and pay taxes on it, but someone else reserves the right to use it in a specific manner. With a Right-of-Way, someone else owns the property, but you enjoy the use of it (within predefined limits).
For information on rights-of-way and easements, there are two areas that might be of interest.

Thanx, Kitty!