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My yard goes all the way to the street
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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. |
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Forget about easements.
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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. |
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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.
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This has been a long painful thread.
:loco::loco::loco: |
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This is important stuff. Stay awake!:p |
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:pray: |
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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. ????? |
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Easements are for utility companies.
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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.
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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? |
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