Talk of The Villages Florida

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-   The Villages, Florida, General Discussion (https://www.talkofthevillages.com/forums/villages-florida-general-discussion-73/)
-   -   Neighbor's Dog Uses my Yard as Personal Toilet (https://www.talkofthevillages.com/forums/villages-florida-general-discussion-73/neighbors-dog-uses-my-yard-personal-toilet-347876/)

fdpaq0580 02-21-2024 04:05 PM

Quote:

Originally Posted by retiredguy123 (Post 2303662)
Not wrong. I don't know about your property, but my survey plat clearly states that it is a "Right of Way", not an easement. There are easements designated on the back of my property inside the lot line, but this is outside of the lot line and is stated as a right of way. My front lot line is designated to be located 7 feet back from the street pavement. So, the 7-foot strip of land between the lot line and the street is not on my property.

Yes it is.
OK. The important word here is grantee".
An easement allowes a grantee ( utility for example) to use the property for a purpose (light post, hydrant, road signs, etc).
A right of way means a grantee (utility) may crossover the property in the performance of their duties (repair of light post, hydrant, road signs).
You still own and pay tax on it and maintain it. Total strangers cannot park on it, dig it up, or let their dog poop on it, or set up camp on it.
All that lovely lawn and garden belong to you. That is why the sprinklers are located on the outer edge.

Bill14564 02-21-2024 04:20 PM

Quote:

Originally Posted by fdpaq0580 (Post 2303703)
Yes it is.
OK. The important word here is grantee".
An easement allowes a grantee ( utility for example) to use the property for a purpose (light post, hydrant, road signs, etc).
A right of way means a grantee (utility) may crossover the property in the performance of their duties (repair of light post, hydrant, road signs).
You still own and pay tax on it and maintain it. Total strangers cannot park on it, dig it up, or let their dog poop on it, or set up camp on it.
All that lovely lawn and garden belong to you. That is why the sprinklers are located on the outer edge.

I'll grant that I need to maintain it and it would be difficult to prove whether I'm being taxed on it but I'm pretty darned sure I don't own it.

On my drawings there is a dark line around the what I believe to be my property. At certain points it shows that my shrub beds are 5.0' from the side lines and 10.0' from the back lines. It shows the side lines cutting between the meter boxes for both the potable water and the irrigation water. This dark line must by my property line.

In the front, this dark line is 3.5' back from the edge of the road. Since my driveway extends to the road, the drawing shows that 3.5' of my driveway is on the roadway side of what seems to be my property line.

Given the above, either:
- There is 3.5' of land between my property and the street that I am required to maintain but that I do not own;

OR,

- I own 3.5' beyond that dark line which also means the neighbor's meter boxes are on my property and I own 3.5' of property that my neighbors thought was theirs.

Which seems more likely?

(The point about the sprinklers is interesting)

Eg_cruz 02-21-2024 04:24 PM

Quote:

Originally Posted by Hifred (Post 2303100)
Is there legal recourse to this issue.... We have owned our house since 2019 and have had wonderful neighbors. In January of this year, after a neighbor behind us passed, his house sold. The new neighbors continually let their dog out to come poop in my yard. I have respectfully asked them to keep the dog in their yard but it isn't happening. I have walked in dog poop more times than I can count and am tired of it. I have cameras in the back of my house so I have video. I am curious if there is anything that can be done? They have the whole front of their house and they could take the dog out to the front of their house but they don't. It is not just the dog who is in my yard they come in my yard as well when they let the dog out. BTW their property is not in deed compliance but I have never filed a complaint because I have always gotten along well with my neighbors but my patience is wearing thin. Any thoughts?

For peace in your life
You can only change you
The pepper ASAP then get the sprinklers
Change how you react and the problem will fix it self

fdpaq0580 02-21-2024 04:42 PM

Quote:

Originally Posted by Bill14564 (Post 2303706)
I'll grant that I need to maintain it and it would be difficult to prove whether I'm being taxed on it but I'm pretty darned sure I don't own it.

On my drawings there is a dark line around the what I believe to be my property. At certain points it shows that my shrub beds are 5.0' from the side lines and 10.0' from the back lines. It shows the side lines cutting between the meter boxes for both the potable water and the irrigation water. This dark line must by my property line.

In the front, this dark line is 3.5' back from the edge of the road. Since my driveway extends to the road, the drawing shows that 3.5' of my driveway is on the roadway side of what seems to be my property line.

Given the above, either:
- There is 3.5' of land between my property and the street that I am required to maintain but that I do not own;

OR,

- I own 3.5' beyond that dark line which also means the neighbor's meter boxes are on my property and I own 3.5' of property that my neighbors thought was theirs.

Which seems more likely?

(The point about the sprinklers is interesting)

The meters belong to the grantee (water co.).
What makes you think the county, city, etc, has you personally on the hook to water, mow, treat their lawn? Naw.
When we bought (new) the sprinklers were in, landscaping, such as it was, was in, signs and light post, in, phone box, cable box, in. The grantees put them in an easement portion of our yard, and grantees may enter or cross right of way parts of our yard to perform necessary work.

Bill14564 02-21-2024 04:47 PM

Quote:

Originally Posted by fdpaq0580 (Post 2303712)
The meters belong to the grantee (water co.).
What makes you think the county, city, etc, has you personally on the hook to water, mow, treat their lawn? Naw.
When we bought (new) the sprinklers were in, landscaping, such as it was, was in, signs and light post, in, phone box, cable box, in. The grantees put them in an easement portion of our yard, and grantees may enter or cross right of way parts of our yard to perform necessary work.

I didn't say I owned the boxes, that's a different discussion. I said if my property extends 3.5' beyond the line marked on my drawings then both neighbors' meter boxes are actually on my property. Of course, that doesn't sound right, the line is the property line and I own up to my side of it which means I don't own the 3.5' between the road and my property line.

Velvet 02-21-2024 05:11 PM

Quote:

Originally Posted by retiredguy123 (Post 2303641)
My front lot line does not extend to the street, so the 7-foot strip of land between my lot line and the street must be public property because I do not own it. If it is not public property, then who owns it?

My understanding is that it was the developer who owned it until the CDDs took over. It has been an area reserved for work and possible expansion of roads. It is not for public use any more than a (public) judge’s office is available for public use. The homeowner is required to maintain it, but unlike sidewalks, that area is not designated for the public.

Velvet 02-21-2024 05:16 PM

///

Keefelane66 02-21-2024 05:46 PM

How did we get from dog poop to water meter placement?

shut the front door 02-21-2024 06:04 PM

Quote:

Originally Posted by Keefelane66 (Post 2303730)
How did we get from dog poop to water meter placement?

Just about every thread on this board gets hijacked. Maybe it's an old people thing because it doesn't happen on other forums that I frequent.

Velvet 02-21-2024 06:09 PM

Quote:

Originally Posted by shut the front door (Post 2303739)
Just about every thread on this board gets hijacked. Maybe it's an old people thing because it doesn't happen on other forums that I frequent.

Because these threads are discussions and not dissertations?

Topspinmo 02-21-2024 06:13 PM

Quote:

Originally Posted by Villager1234 (Post 2303436)
I had a pump sprayer filled with water that I would use when they came by with dog. I think that they got the hint


That may be considered assault in Florida?

Topspinmo 02-21-2024 06:15 PM

Quote:

Originally Posted by fdpaq0580 (Post 2303712)
The meters belong to the grantee (water co.).
What makes you think the county, city, etc, has you personally on the hook to water, mow, treat their lawn? Naw.
When we bought (new) the sprinklers were in, landscaping, such as it was, was in, signs and light post, in, phone box, cable box, in. The grantees put them in an easement portion of our yard, and grantees may enter or cross right of way parts of our yard to perform necessary work.

It’s called utility easement which most villagers ignore (It their land they have limited or no use of it). Like all the bricked in yards in CYVs, first time have water leak and all bricks are torn out in line with meter they be first to whine.

JMintzer 02-21-2024 06:36 PM

Quote:

Originally Posted by golfing eagles (Post 2303650)
OMG! Another agreement. I think I may need an MRI of my brain :1rotfl::1rotfl::1rotfl:

Do I need to do a wellness check on you?

JMintzer 02-21-2024 07:14 PM

Quote:

Originally Posted by shut the front door (Post 2303739)
Just about every thread on this board gets hijacked. Maybe it's an old people thing because it doesn't happen on other forums that I frequent.

What forums are those? I've never seen that phenomena...

retiredguy123 02-21-2024 07:20 PM

Quote:

Originally Posted by fdpaq0580 (Post 2303703)
Yes it is.
OK. The important word here is grantee".
An easement allowes a grantee ( utility for example) to use the property for a purpose (light post, hydrant, road signs, etc).
A right of way means a grantee (utility) may crossover the property in the performance of their duties (repair of light post, hydrant, road signs).
You still own and pay tax on it and maintain it. Total strangers cannot park on it, dig it up, or let their dog poop on it, or set up camp on it.
All that lovely lawn and garden belong to you. That is why the sprinklers are located on the outer edge.

You are wrong. I only pay taxes on the property that I own, which is the property inside the property line as defined by the property survey. The property survey states that the property outside of the property line is a right of way, not an easement. If I owned property outside of the property line, and they wanted to widen the road, they would need to buy that property from me. You said the property to the street was an easement, but the official survey clearly states that it is a "right of way", not an easement. Property ownership is defined by a property line, not by a right of way or an easement.


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