[birdawg]

Originally Posted by Lovey2

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

[TheVillageChicken]

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.

[Indydealmaker]

Originally Posted by Lovey2

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.

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.

[Carl in Tampa]

Originally Posted by TheVillageChicken

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.

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.

[Indydealmaker]

Originally Posted by Carl in Tampa

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?

[kittygilchrist]

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.

[dewilson58]

This has been a long painful thread.

[kittygilchrist]

Originally Posted by dewilson58

This has been a long painful thread.

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

[dewilson58]

Originally Posted by kittygilchrist

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

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

[kittygilchrist]

Originally Posted by jimbo2012

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.

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.

?????

[kittygilchrist]

Originally Posted by birdawg

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

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???

[Carl in Tampa]

Originally Posted by Indydealmaker

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?

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.

[Carl in Tampa]

Originally Posted by birdawg

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

Please reconsider your response.

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

[kittygilchrist]

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?

[Warren Kiefer]

Originally Posted by kittygilchrist

Warren, if I understand what you are saying, only my house is my property. I built house on virtually every inch within setback on this very expensive lot. What is the source of what you are stating?

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.