[tigger_kitty]

We have a Villages installed water line pipe that is leaking into the street. We were told that the water line access runs under can run under driveway to the valve box. (easement)

We and many others have paid Thousands of Dollars to try and improve our homes and neighborhood with decorative coatings to our driveways. All "The Villages" is "required" to do is restore it back to grey cement, not match the rest of the driveway, thus negating our investment.

Just wanted to inform all of you people who have waterfalls on easements or decorative driveways what can easily happen. Be prepared!

I am furious. Any advice?

[buggyone]

Originally Posted by tigger_kitty

We have a Villages installed water line pipe that is leaking into the street. We were told that the water line access runs under can run under driveway to the valve box. (easement)

We and many others have paid Thousands of Dollars to try and improve our homes and neighborhood with decorative coatings to our driveways. All "The Villages" is "required" to do is restore it back to grey cement, not match the rest of the driveway, thus negating our investment.

Just wanted to inform all of you people who have waterfalls on easements or decorative driveways what can easily happen. Be prepared!

I am furious. Any advice?

Check with your homeowner's insurance to see if it possibly might be covered - but it most likely is not covered. Try anyhow and you might luck out.

Other than that, you had improvement done over an easement. The Villages is entirely in the right.

[kittygilchrist]

Originally Posted by tigger_kitty

We have a Villages installed water line pipe that is leaking into the street. We were told that the water line access runs under can run under driveway to the valve box. (easement)

We and many others have paid Thousands of Dollars to try and improve our homes and neighborhood with decorative coatings to our driveways. All "The Villages" is "required" to do is restore it back to grey cement, not match the rest of the driveway, thus negating our investment.

Just wanted to inform all of you people who have waterfalls on easements or decorative driveways what can easily happen. Be prepared!

I am furious. Any advice?

Thanks to you for a nugget of wisdom.

[Polar Bear]

Originally Posted by buggyone

...you had improvement done over an easement. The Villages is entirely in the right.

I feel bad for you, but buggyone is correct.

[tigger_kitty]

How many feet is the front easement?

[Polar Bear]

Originally Posted by tigger_kitty

How many feet is the front easement?

You should check your plat to be certain.

[tigger_kitty]

It shows 3', but the VCCD guy is saying it is 13'

[tigger_kitty]

The plot plan shows 3' but the restriction paper says 10'. HELP????

[denise adams]

OK, first my credentials. I bought right of way easements for GTE in Michigan. We bought easements to build our facilities (telephone lines) on privately owned property. Easements within TV are exactly as one post said, for the placement, maintenance, and repair of utilities (gas, water, sewer, power, etc).
The power company, gas, and other non-Village owned utilities must get permission to use TV easements. Almost everyone in most every State has a utility easement at least in the front of their home and may have one all the way around the home. Nothing permanent can be placed on that easement which is typically 5 feet from the property line between houses and may extend as much as 32 feet from the center of the road (not the edge) in front of the home.
And no, easements (once recorded) are not going to go away. Once the easement is obtained its a permanent access for the person/organization who obtained it.

[downeaster]

Originally Posted by tigger_kitty

How many feet is the front easement?

The front of your house faces a right-of-way.
Easements are usually in the rear of your house. You own the easement but the utilities can access it and use it. If you were to build something permanent in an easement they can remove it.
The right-of way in front of your house is not owned by you. It usually extends in 13' from the curb.
See kittygilchrist's post (#39) at
Florida Trespass Law
It is the best explanation I have read on this subject.

[Warren Kiefer]

Originally Posted by kittygilchrist

the question is what is the purpose of the easement in tv and facts about whether the easement remains the property of the homeowner. I don't mean to be mean, but only facts, and evidence of the sort that would hold up in court, please.

an easement as we have in the villages is not complicated.. The easement dimensions are not all the same, you would have to review the layout for your particular lot. The purpose is simple, it gives utilities the right to enter the easement area to install and/or maintain the utilities located within that easement. The only downside is, if the property owner has perhaps done extensive landscaping work within the easement ans a utility problem develops, that landscaping is subject to being destroyed without compensation to the property owner. You cannot receive and evidence from this forum that would hold up in court. That information can only be gleened from data that is part of your legal explanations contained in your purchase of the property agreement.

[kittygilchrist]

Oh dear, I am sorry for your trouble.
The street side of your property will have a right of way which belongs to the county. That is the part that is likely the longer distance. But that is not a utility easement. That is for the county to be able to expand the roadway.

On my property, the street side right-of-way it is 13 feet. Of that 13 feet, 10 feet is also a utility easement. The utility easement is available to the villages to repair or expand utilities as needed.

Unfortunately, many of us buy property with the assumption that we own everything that has grass on it, not realizing that we are required to maintain property which does not actually belong to us.

From my research, I've concluded that you do not own the property on which there is a right-of-way, you do own the property on which there is an easement with the exception of that on which there is also a right-of-way. Nevertheless, where there's a utility easement, The entity who have easement which is upon your property, has the right to make repairs and amendments as needed to accomplish their purpose of providing utilities to the whole community.

Your situation is a good reminder of the possibilities that exist for right-of-way and easement issues to affect the homeowner. Many of us choose to upgrade and enhance our properties, not realizing that situations such as yours could arise.

[tigger_kitty]

They violated their own right away/easement by building the driveway then!!!

[mgcsooner]

To the OP, I think the explanation you are getting is probably from a real estate agent re a preowned home. I'd also enlist a Village Sales agent as they are better versed on this, at least as it applies to the villages. I know becasue we just bought in the same area and had many similar questions. I'm not pushing them versus the other though.

Anyway, as far as the utility easements, these are civil (city) agreements for franchised utilities to utilize. You cannot put any vertical structures on them, although you can put landscaping on them. Living in four other states it has always meant they (the utilities) have a right to dig up the area to repair and in some cases install new services, such as fibre optic cables. I have NEVER seen where they do not repair the area to its prior state. They would probably not want to repair landscaping but instead drill under to avoid it. While they are not obligated to repair extensive landscaping, it't really rare that they would leave it damaged. Individuals can also grant other individuals legal easements, but there is no guarantee it will be grandfathered onto future property owners. Easements can also be vacated, even in unusual cases utility easements. One property I almost bought (we had a penning survey) found the corner of the house had been built by the original builder upon a utility easement. In such a case getting the city to vacate it was a simple matter, although I must say, we decided again buying that house.

Setbacks are more HOA/PUD etc restrictions that govern site building requirements for given lots for the purpose of maintaining homeowner value. In most cases they are defined in the covenants for the development, that guarantees they will be maintained for present and future buyers. Your HOA or in this case the ARC committee will go after you for violations as they would damage the property values of both you and your neighbors if they were not enforced.

Disclosure, I am not a real estate attorney, or attorney of any kind. This should not be thought of as any type of legal opinion.

[Polar Bear]

I suggest you figure out for certain the basic information you need. Right-of-way and easements over and adjacent to your property will be shown one of two places, possibly both...1) your plat; 2) a separate instrument that would be recorded in the county clerk's office.

You must have this information to know for certain your situation. These documents will include the layout (exact dimensions, etc.) of the right-of-way and easements and describe what is allowed in these areas. In almost no cases will the property owner be allowed to put anything in the easements, even though he owns the property "under" the easement. The right-of-way is not owned by the adjacent property owner, so of course the adjacent property owner can build nothing there.