[HRDave]

Hey folks. We need some advice on a neighbor issue in Chitty Chatty. We purchased a corner lot Patio Villa in September and came down early in October to get it set up. Barb & I came home for the holidays & we let our daughter & grandkids come down to our Patio Villa for Christmas as we can’t celebrate together & Meagan is going to take the kids to Sarasota next week to their Dad.
Well our new next door neighbor who’s really sweet, came over to our Villa today & told the kids that she hoped we wouldn’t be mad but she had landscaping done in the “SHARED” flower bed between our houses. She had the landscaper install rock & edging in our original landscaping along the house, garage and driveway by the garage door.
We are currently talking to an established landscaper about doing a large job for us & we have plans for that side of the house and will submit plans to the ARC for approval prior to work commencing. I looked at the Deed restrictions & the only mention of mutual use of the area between our homes is to ensure access for maintenance reasons. I’m not real sure how to proceed without opening a can of worms for others who may have had landscaping done without ARC approval.
Any ideas besides reporting it?
We’ll be back the 27th & planning to talk to our neighbor to see if she understands & that we plan to do something nice on her view of that side of our house. I hope she amenable to it. I just don’t want her to think that this area is shared.

Any suggestions would be appreciated.
Thanks!!

[Debfrommaine]

I think that she might be allowed to do that in the "shared" space. Understand your concerns about not opening a can of worms but I think you'll have to ask ARC and get the right answer.

[Neils]

The property is not shared. The survey drawing of your home should show the boundary lines.
The sharing is much like an easement, allows access but does not mingle ownership.

Unless the person wanted to pay a share of the property taxes, then we might discuss............

[JohnN]

I'm on a corner villa lot. There are rules and regulations on this, talk to ARC and learn them. If you're right, educate your neighbor nicely and if you're wrong, let it go.

My understanding is that the legal property line is right down the middle.

However, landscaping and maintenance "behind the fence" is mine since it's all "in my backyard" although my neighbor has access for maintenance to his house.
Landscaping and maintenance "in front of the fence" belongs to my neighbor to maintain.

Fortunately, I was here first and my neighbor liked my landscaping quite a bit and put in some that was a seamless continuation with some variation. Sweet talk your neighbor into that.

If this helps-- (I'm in a new patio villa, end unit also) That flower bed by the electric meter and side of your home that has no windows is the neighbors planter area. You have a right of way...if you needed to pressure wash that side but that planting area facing that neighbors screened porch is on them to keep up.

As shown the red area is the neighbors grass and planting.

[retiredguy123]

Unless The Villages has created a new way to define the use of property between the houses, there is no shared landscaping. Read the deed restriction document and explain it to your neighbor, or go with her to ARC and have them explain it to her. It doesn't matter what your neighbor thinks. I would take care of this as soon as possible.

[Debfrommaine]

Originally Posted by retiredguy123

Unless The Villages has created a new way to define the use of property between the houses, there is no shared landscaping. Read the deed restriction document and explain it to your neighbor, or go with her to ARC and have them explain it to her. It doesn't matter what your neighbor thinks. I would take care of this as soon as possible.

Interesting. So the neighbor in question only owns her patio and the plants along the patio she can't change because they belong to the house abutting?

[Marathon Man]

Originally Posted by DAIII

If this helps-- (I'm in a new patio villa, end unit also) That flower bed by the electric meter and side of your home that has no windows is the neighbors planter area. You have a right of way...if you needed to pressure wash that side but that planting area facing that neighbors screened porch is on them to keep up.

As shown the red area is the neighbors grass and planting.

Correct. As described in the OP, your neighbor has responsibility and "right of use" for the area that she landscaped, right up to the side of your house and along the driveway to the street. (shown by the red lines in the picture).

It is important to understand that patio and courtyard villas are not like regular houses. The property lines do not define what you can do.

[retiredguy123]

Originally Posted by Debfrommaine

Interesting. So the neighbor in question only owns her patio and the plants along the patio she can't change because they belong to the house abutting?

It depends on what the deed restrictions say, but it is common for part of the property that you own to have an easement that allows your next door neighbor to control the landscaping on part of your property. But, it is not a shared responsibility.

[Chellybean]

Originally Posted by HRDave

Hey folks. We need some advice on a neighbor issue in Chitty Chatty. We purchased a corner lot Patio Villa in September and came down early in October to get it set up. Barb & I came home for the holidays & we let our daughter & grandkids come down to our Patio Villa for Christmas as we can’t celebrate together & Meagan is going to take the kids to Sarasota next week to their Dad.
Well our new next door neighbor who’s really sweet, came over to our Villa today & told the kids that she hoped we wouldn’t be mad but she had landscaping done in the “SHARED” flower bed between our houses. She had the landscaper install rock & edging in our original landscaping along the house, garage and driveway by the garage door.
We are currently talking to an established landscaper about doing a large job for us & we have plans for that side of the house and will submit plans to the ARC for approval prior to work commencing. I looked at the Deed restrictions & the only mention of mutual use of the area between our homes is to ensure access for maintenance reasons. I’m not real sure how to proceed without opening a can of worms for others who may have had landscaping done without ARC approval.
Any ideas besides reporting it?
We’ll be back the 27th & planning to talk to our neighbor to see if she understands & that we plan to do something nice on her view of that side of our house. I hope she amenable to it. I just don’t want her to think that this area is shared.

Any suggestions would be appreciated.
Thanks!!

Buyer beware !!! read your deed restrictions and easements before buying, those properties breed neighbor problems, something i would not personally own, JMHO.
Sorry i know that doesn't help.

[Debfrommaine]

Originally Posted by retiredguy123

It depends on what the deed restrictions say, but it is common for part of the property that you own to have an easement that allows your next door neighbor to control the landscaping on part of your property. But, it is not a shared responsibility.

Makes sense. So it could be the poster's neighbor is doing nothing wrong.

[vintageogauge]

Had a similar situation in which the neighbor on the windowless side of our villa decided to do landscape and added stones all the way up to our wall. I called ARC and they told me that they cannot extend their stone that far and that they cannot have plantings within 18 inches of the wall. I let him know that it was against the restrictions to have done that but I'm not about to press the issue other than letting him know. However I have a downspout splash guard that was there before he landscaped and since it washes away his stones he keeps wedging it so that the water runs back agains my unit. It's a rental unit so I don't get to see him doing this but I'll soon be making a more permanent guard to keep the water away from my foundation. If people would just read their restrictions and talk with the ARC before doing anything these problems would not arise.

[TimeForChange]

There is no shared space. You can find your property line steel pin with a metal detector if it was not destroyed during construction. It is usually just beside or behind your sprinkler head on the corner of your lot. There are easements between homes but they are for utilities. If you live in Sumter then the County has an easement 13 and 1/2 feet from the street. And, if you go to Community Standards and try to get approval to plant trees or anything they will tell you that. Also they will tell you if you ask enough that about 95% of homes in TV are not in compliance. You cannot build or put anything within three feet of your neighbors property. If you do and they complain you will need to remove.

[retiredguy123]

Originally Posted by TimeForChange

There is no shared space. You can find your property line steel pin with a metal detector if it was not destroyed during construction. It is usually just beside or behind your sprinkler head on the corner of your lot. There are easements between homes but they are for utilities. If you live in Sumter then the County has an easement 13 and 1/2 feet from the street. And, if you go to Community Standards and try to get approval to plant trees or anything they will tell you that. Also they will tell you if you ask enough that about 95% of homes in TV are not in compliance. You cannot build or put anything within three feet of your neighbors property. If you do and they complain you will need to remove.

This is not true for courtyard villas and some other house types. The deed restrictions for many of the small houses establish easements that allow your next door neighbor to control the landscaping on part of your property. Some of these easements extend to almost up to your neighbor's exterior house wall. And, I don't think there is a rule that says you cannot place landscaping within 3 feet of your neighbor's property line for any house. You need to read the deed restriction document very carefully. I had to read mine about 7 times before I could fully comprehend what it allows and requires.

[HRDave]

Thanks for the responses folks. I appreciate the help. I have read the deed very carefully and the only mention of the area between the houses is for maintaining the adjacent structure & yard maintenance, which I would interpret as mowing, edging, etc. No mention of enhancements or landscaping. I’m going to give our Villages Realtor a call & get their opinion before I talk with ARC. We’re not mad at our neighbor, we just don’t want to end up in a dispute when we do our landscaping project.
Thanks again!