What is and is not your property is pretty much the same as anywhere you have lived. For landscaping, submit your plan to ARC and there will be no question as to whether or not it is permissible. As far as your back yard goes, no one should be there unless they are prividgeled to do so by any easement you have on your property.... Same goes for front yard but of course there will be neighbors who may walk on your grass. It is up to you whether or not you want to make an issue of it. Again, I would contact the ARC for any concerns you may have. On this venue you will only get opinions not the facts of how it works here in TV.

Kitty, btw, we live in a CYV and the easements really get crazy. Half of my side yard and driveway actually belong to my neighbor but I am entitleted to use it and must maintain it. On the other side, half of my neighbors yard is within my fenced wall and their drive way is on my property. It's all a little weird and new to me but seems to work out. Just get the facts for your specific plot of land.

Is this my plat map?

edited to remove map for privacy...got what I needed to know. thanks Carl.

Kudos to perrjojo
 

Kudos to perrjojo for cutting through to the purpose of Kitty's inquiry.

The advice given is correct. Contact the ARC to find out what you may do with your landscape. In many places, and surely here, a certain percentage of your front lawn must be in sod. Hardscaping, xeriscaping and succulent-scaping doesn't appear to be the way to go in most residential neighborhoods.

One minor quibble with the post above. People are permitted to walk in that portion of "your" front yard that is between your property line and the street. It isn't yours!

And for thousands of us who live with our house backing up to a street it is likely that the same goes for our back yards. Again, check your personal plat map.

.

Plat map
 

That is a plat map of the type I've been discussing. If you look closely you will see a 15 foot area between the front of your property and the street edge. This is not your property although you are required to maintain it.

People can walk on it without your permission.

As far as plantings go, check with the ARC about what landscaping you may do.

Good luck.

.

Carl, finally, we're getting somewhere.
Personally, I resent having the right to stand 15 feet up in people's yards where they do not own but have to maintain while my dog destroys their turf with urine. That's just wrong.
thanks to all for the feedback...and if there is more bring it on.

I will be checking with arc before my landscaping project, which has shrunk considerably based on info gotten here.

by the way, people are landscaping all over this area well into the 15 foot not your property but maintain it zone.

You can landscape but if they decide to widen the road, it will disappear.

Carl, I'm not sure the requirement about a certain percentage of lawn being in sod, is in effect any more. In 2008 Florida legislature enacted the Florida Water Bill, which allows homeowners to convert their lawns to Florida friendly landscaping, and supersedes any homeowner association rules. The state is encouraging homeowners to change from sod to options such as xeriscaping, as it will cut watering costs and be friendlier to the environment. New Florida landscaping law supersedes homeowner association rules | members.jacksonville.com

My deed restriction in section 2.7 says such landscaping is encouraged, but if visible from golf course (rear of my house) and street, must be approved. I had forgotten about the change in law. Damn the torpedoes, I'm back on track.

Keep us posted on how you make out, and pictures please!

8 notes, you make me want to be the poster child for xeriscaping.
video
WaterMatters Multimedia

Glad to hear it.
 

I'm glad to hear it. Prior to that time I had more than one letter to the editor of the Tampa Tribune published in which I advocated a state law forbidding HOAs from requiring a sod lawn.

Due to being busy with the lingering illness and subsequent loss of my wife during the time frame that you mention, I was unaware of the law change,

Actually, I was on thin ice with my Tampa HOA due to the fact that I had expanded my "flower beds" to the point that only about 60% of my lawn was sod. Some of the Native Florida xeriscape plants that I used looked very much like weeds to my neighbors.

I would be interested in the experience that anyone has in working with the ARB on the question of xeriscaping. Being on the end of a cul-de-sac with no one behind us, we have an enormous back lawn. I'd love to xeriscape some of it to cut down on need for watering the lawn.

Just so you know TV says they do not abide by state law, been there done that............and I pushed the issue.

They don't care it will not be permitted.

Might have something to do with the fact that the sodded area restrictions here are part of the Deed Restrictions and not just a simple "rule" by a HOA.

Our deed restrictions in Bonita require 51% of the lawn area to be sodded if it is in sight of the roadway.

The law is the law. The legislation is designed, from what I read, to supersede covenants, which are deed restrictions. If it was me, and I wanted to take out sod and put in more xeriscaping, I'd write a letter or send an email to my legislator to see if The Villages is within its rights in prohibiting such an action. They would either answer you directly or point you in the right direction to the proper State agency who could inform you of your rights and how best to proceed. It looks like the law is fairly new, and there is not a lot of legal precedent, so maybe The Villages is feeling its way along, as are other communities throughout the state.

Florida Community Association Journal

I post this as it claims that xeriscaping is not Florida Friendly landscaping and has a great number of references as to what landscape provisions and goals are being regulated. Here is the law:

Statutes & Constitution :View Statutes : Online Sunshine

“Florida-friendly landscaping” means quality landscapes that conserve water, protect the environment, are adaptable to local conditions, and are drought tolerant. The principles of such landscaping include planting the right plant in the right place, efficient watering, appropriate fertilization, mulching, attraction of wildlife, responsible management of yard pests, recycling yard waste, reduction of stormwater runoff, and waterfront protection. Additional components include practices such as landscape planning and design, soil analysis, the appropriate use of solid waste compost, minimizing the use of irrigation, and proper maintenance."

suggest you contact Lloyd Singleton for advice. If your plan meets UF standards, you may find him to be an advocate with powers that be:
Sumter County Extension Office ? Solutions for Your Life - UF Institute of Food and Agricultural Sciences

Law of getting along with your neighbors
 

Far superceding Federal or State Laws is the law of Perception is Reality...If it looks like a weed, it IS a weed.

Also don't forget in The Villages (at least south of 466) irrigation water is supplied by storm water runoff that ends up in drainage lagoons and cycles back to your yard nurturing green plants that feast on CO2.

I will never understand people who spend hundreds of thousands of dollars to buy into a community, only to push the envelope at every turn to try and circumvent the rules, regulations, and policies of the same community.

I guess for some, if there is nothing to complain about, life just isn't challenging.

Kitty, I was told this by a neighbor in "The Responsible Dog Owners" club. They told me the front of my lawn is NOT mine and they can walk and toilet their dogs there. I have let it go, because my sign that asks them "please keep dogs off grass" seems to be working. If and when it becomes an issue, I'll certainly revisit this. For now, they seem to be respectful of our wishes, and I appreciate their consideration.

If they told me that I would be parking my golf cart on their lawn and driving my car across their lawn

My yard goes all the way to the street
 

I must live in the only neighborhood without an easement/right of way along the front of my property.

Here are copies of the wording in all the deed restriction docs for every neighborhood in Marion County except mine (the bigger picture) and the wording in mine (smaller pic.) Mine omits the 10 foot along the street.

They are wrong an easement is for specific purposes only. It does not mean that the property is not yours. An easement sits on top of private property.

Forget about easements.
 

No, it's just that a lot of people fail to understand that they are using the wrong term when they speak of easements along the front of their property affecting whether or not people can walk on their lawn.

Easements are generally along the rear and sides of property.

The reason that there is a "public" area in the front yard is because the property line does not extend to the edge of the street. The homeowners do not own this portion of the lawn although they are required to maintain it.

I've said it over and over --- look at your plat map.

It's not easements that let people walk on your front lawn. It's the fact that some of the area nearest the street is not yours.

Carl, I am now confused. My deed restrictions call for a ten foot "easement" along the front line. This easement belongs to the developer.

My site plan appears to show the lot ending 13 feet short of the street.

Who DOES own that thirteen feet? The county? It is not logical that the developer owns it. Why would he need an easement over his own property?

I don't think that the CDD can legally own it without maintaining it and there is no allowance for that in the deed.

There is something missing in this equation. According to the site plan, a good chunk of my driveway in on property that I do not own. I am beginning to have some cracks. I wonder who I should call to get those fixed?

Steven, my plan shows 15 feet from street to lot, and the front easement in deed restriction is 10 feet. If you get any answers, share.

This has been a long painful thread.

:loco::loco::loco:

Hey, we're trying to get to the bottom of what we thought we owned and don't.
This is important stuff. Stay awake!:p

Yes Mama. I'll get a cup of coffee.

:pray:

JimBOB, exactly what does your deed restriction say about landscaping?
section 2.7 in mine says to keep the same quantity of plants, but it's ok to use more drought resistant plants than in the original landscaping. ONLY IF you plant that water conserving stuff in visual sight from golf course or street do you need approval. I think this is legalese for the new law. Nothing there about percentage of turf.

I can't find anywhere that in general terms it says go to the ARC with your landscaping plan.

Section 2.18 says you need developer approval IF you are planting something that may affect adjacent property owners. Whether to ask first calls for reasonable man judgment, I'd say.

?????

Hey, I just learned I don't own 15 feet in front of my house. You could park a mack truck out there. Really, what are the property rights for that area???

Easements are for utility companies.
 

There may be, but need not be, an easement along the front of a piece of property. Easements are usually, but not necessarily, along the back of the property. There are also usually easements along the edge of the property abutting the neighbors property, which will also have an easement. All these easements are to facilitate getting gas, water, electricity, cable service, etc. into your house.

The utility easements are not available to the public for their use.

There may be an easement along the front of your property, but this is not the justification for the public walking on "your" lawn.

The fact is (as you note) that your front property line does not extend to the edge of the street. When a developer plats a new development, he retains ownership of the area from the front property line to the street (and the street) so that he may put in utilities before the utility companies become involved. Then, because at some point the developer wants to withdraw, he conveys ownership of that property to the County.

If, in your case the easement is in the front it may be that it was impractical to put the easement in the back. An example of this would be houses that back directly on a multi-modal path along Buena Vista. You will see houses that have birdcages built right up to the wooden fence that is probably the property line. There is no space for a back easement on those lots.

As I often say.........check your individual plat map.

The part that seems to trouble most people is that they are responsible for properly maintaining the strip of property from their front property line to the street and they cannot charge people with trespassing if they walk on it.

I can't answer your question about imperfections in your driveway that is not on your property. It may be that maintaining your driveway is in the same category as maintaining your lawn---you have to do it even though it is not on your property. See what your documents say.

As I mentioned in an earlier post, down in Tampa my front sidewalk suffered major upheaval from oak tree roots and the County came in and repaired the sidewalk because my property line ended on the house side of the sidewalk.

But, my only point, reaching back to my first entry in this discussion is that property lines do not extend to the edge of the street. The area from the property line to the street (usually 10 or 15 feet) is available to the public. Not because it is an easement, but because it does not belong to the property owner.

-----------

Incidentally, when the developer proffers the property, including the paved roads, to the county, the county is not obligated to accept the offer. The offered property must be up to county standards for the county to accept ownership.

My church in Tampa offered the county several hundred yards of paved roadway to be a connector between a dead end street and a major highway. The offer was initially refused because the very expensive and ornate street lights we had installed were too close to the road. We had to remove them all before the roadway was accepted.

Neigh.
 

Please reconsider your response.

Renting a well-fed and well-watered horse for an afternoon stroll on their lawn might be more satisfying.

Guys, should I send this to VCDD?



My plat map indicates I do not own 15 plus feet from street to lot. TV has a 10 foot easement.

If I could learn on whose property the easement rests, I would be appreciative.
What rights and responsibilities do I have with regard to that rather large section of frontage?

Example of rights questions:
Right to install driveway pavers in the appropriate driveway area, but 15 feet of which is not my property?
Rights of other persons to inhabit that area who are there without permission of property owner?
Rights of other persons to park on the turf or driveway that does not belong to property owner?
Right to landscape or hardscape within the 15 foot area?

My home is also on the exact easement line (from the street). Actually it is the house eave that is on the line. I have a plan site that shows the easement lines and the location of my home. I was also invbolved in a issue regarding a neighbor who asked the ARC for a one foot exemption for a pool enclosure wall. My source is my location plans. I assumed that every person building a home in the Villages has such a plan.

Ask the VCDD
 

Now THERE is a question that might profitably be addressed to the VCDD.

It wouldn't help to ask the Sheriff because the response will be "It's a Civil matter, not Criminal." (I used to give this answer a lot.)

It appears you are right. But keep in mind Right Of Ways are independent of easements. I think it safe to say that every stret and road has a ROW distance.

How much do you think it costs you to irrigate these areas, including the right of way which you DO NOT own.

The easement actually does restrict what the property owner is allowed to do. The property owner cannot erect any permanent structures within the easement limits.