Originally Posted by villagetinker (Post 876291)

To all the above, this is a very interesting thread, and I had or experienced most if not all of the questions, and to make matters more confusing, I got 2-3 DIFFERENT sets of answers depending on who I talked to. So here is what I did, I went to the ARC committee, and spoke to the 'head reviewer' and he explained what I could and could not do. I also pointed out with pictures where I thought there were transgressions, and it turns out the installations (mainly gardens and trees) were fine, once you understand the rules.

To make matters worse, my house has a road front and rear, so my restrictions are significantly different than those that have a house to the rear, which are different if there is a golf course to the rear.........

Good luck with your quest, but in my humble opinion, get a copy of your plot plan, and go to the ARC office and tell them what you would like to do, then go to your builder/landscaper, etc. to get detailed plans for approval.

Originally Posted by Carl in Tampa (Post 876285)

This is really simple once you get your plat map and purchase papers in hand.

The concepts are pretty much universal; only the local application of some rules may vary.

1. Property line - All of the property within these lines are yours.
2. Setback line - By purchase agreement, you cannot build a structure between the property line and the setback line. There may be other restrictions in your particular contract. The line may not be drawn on the plat map, but will be described in the settlement papers.
3. Easement line - A line on your property, usually in the back yard, which encompasses an area between the line and your property line which grants access to utility companies so that equipment may be maintained. The general public has no access. Your easement, combined with the easement of the person owning the property behind you, usually provides enough space for a service truck to be driven into the area.

SO, look at your plat map and closing papers to see where these lines are on your property. There is no generic answer.

Attached is a sketch of the concept. Note the inclusion of the portion of the front yard that is not on your property but which you are required by contract to maintain.

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Originally Posted by livsea2 (Post 876368)

As a retired utility engineer I can say this about utility easments which are included on all deeds for at least the last fifty years in all PUD (Planned unit developments) such as the Villages. Every lot, with extremely rare exceptions, have a ten foot utility easement on all four propery lines in. There are also "extra" easements on some key lots within the development. I happen to have an "extra" five foot extention to my easement on the west side of my lot.
Technically speaking you cannot plant, place, nor improve in any way on tis land that yes you own. HOWEVER, in almost 40 years experience in sevral states I can tell you no one will ever stop you nor make you remove any plant, statues, tree, or even a driveway you would place in said easement. But the caveat is the utility, should they need to utilize the easment or right of way, they are not responsible for the repair or replacement of anything damaged that lies within the easement. Alos if there is damage to any utility equipment or property by say a tree planted in the easement, the property owner is responsible to pay a damage claim and I have seen some astronomical bills in my career....usually paid by homeowners insurance.

Originally Posted by livsea2 (Post 876368)

As a retired utility engineer I can say this about utility easments which are included on all deeds for at least the last fifty years in all PUD (Planned unit developments) such as the Villages. Every lot, with extremely rare exceptions, have a ten foot utility easement on all four propery lines in. There are also "extra" easements on some key lots within the development. I happen to have an "extra" five foot extention to my easement on the west side of my lot.
Technically speaking you cannot plant, place, nor improve in any way on tis land that yes you own. HOWEVER, in almost 40 years experience in sevral states I can tell you no one will ever stop you nor make you remove any plant, statues, tree, or even a driveway you would place in said easement. But the caveat is the utility, should they need to utilize the easment or right of way, they are not responsible for the repair or replacement of anything damaged that lies within the easement. Alos if there is damage to any utility equipment or property by say a tree planted in the easement, the property owner is responsible to pay a damage claim and I have seen some astronomical bills in my career....usually paid by homeowners insurance.

Originally Posted by kittygilchrist (Post 876386)

previous totv threads indicate that many people think an easement gives the public rights to the property, specifically for toileting dogs. Does the streetside easement extend to allowing public access, regardless of the purpose of the person or pet?

Originally Posted by downeaster (Post 876425)

It has been suggested "look at your plat". So, I looked at my plat as well as the plat of my area on the County GIS site.
On my plat it clearly shows a "Special Easement" on my rear property line and utility boxes are shown in that easement.
It also shows a "Building Set Back Line" around my property. This indicates to me I can not build beyond that line.
In the front it shows the extent of my property line and it does not extend to the street. My property line is about 13' from the street line. It is not marked as an easement so I assume that 13' is part of the County's 50' right of way as it is not marked as an easement.
The County plat shows the right of way as being 13' in on the grassed area in front of my property. It does not identify the "Special Easement" in the rear.
Neither plat shows any line denoting the 2 foot line beyond which there can be no trees planted. I do not plan to plant any trees whether or not there is such rule so it is a mute point.
There has been a lot of misinformation in this thread. My post is not to correct any erroneous info but to explain my interpretation of the information contained on my plats. Do your own research via the ARC and County codes before making any changes including planting (or removing) trees.

Originally Posted by perrjojo (Post 876438)

Kitty, I am sincerely wondering about the intent of your post. Do you want to do something on your property that some entity has said cannot be done? Is someone "trespassing" on your property? If we knew the intent of your question it might be easier to give an answer. I really don't think the answer is here on TOTV. The answer will come from whatever authority can address your specific delimea.

Originally Posted by kittygilchrist (Post 876459)

Perrjojo, I don't know what is and isn't my property, after all this, I'm more confused than ever. I want to plan a landscape, if possible with a stacked wall, and to xeriscape, extending plant cultivation or hardscape over as much of what's now turf as possible.
The more I learn the less I know what trespassing is, and yes, people come on property I maintain in the front and rear a dozen times a day, up to 15 feet into the yard, all of whom are there for their own personal purposes, not vendors, and not enacting purposes of an easement.

Originally Posted by Carl in Tampa (Post 876427)

Kitty, the public has no right of access to any utilities easement on your property here in TV.

What does give the public the right to walk on a portion of "your" front yard is that it is not yours.

Again, look at your plat map and you will see that your property line does not extend to the street.

Depending upon what stage of development a tract of land has reached, the property between your property line and the street may belong to the Developer, the CDD or the County. In most cases in Florida there is no CDD, so when the Developer is ready to terminate his involvement, the property is turned over the the County in which the property is located.

No matter which of these entities owns the property, it is not yours to order people to stay off of.

--------------------

Please understand that when your front property line does not extend to the edge of the street, that area between your property line and the street is not an easement on your property.

Look at your plat map. I'm confident you will find that your front property line does not extend to the street edge.

Originally Posted by perrjojo (Post 876465)

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.

Originally Posted by kittygilchrist (Post 876492)

Is this my plat map?