Ownership/Usage of Lot Between Homes

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Old 12-12-2010, 08:25 PM
Maryland Girl Maryland Girl is offline
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Question Ownership/Usage of Lot Between Homes

My husband and I are thinking of purchasing a CYV on a corner lot in Edgewater Bungalows. Our sales rep told us that of the 10 feet between us and the next house, we own 5 feet and the house next to us owns 5 feet. (The side of his house forms part of the 'fencing' between our two villas.) Our rep said the tenants in the villa next to ours owns the 5 feet but only we have use of it. If for any reason the owners in the house next to us want to do maintance on the wall of their villa, they have to ask our permission to access the 5 feet of the land they own. We have never heard of this before and it seems awfully strange. Can anyone offer any insight to this situation?
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Old 12-12-2010, 08:49 PM
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It's the same way with the Patio Villa we're buying.

Bill
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Old 12-12-2010, 08:54 PM
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Maryland Girl + Bill,
Do you also have to get the neighbor's permission for maintenance on your side? Just curious.
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Old 12-12-2010, 09:16 PM
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Quote:
Originally Posted by Pturner View Post
Maryland Girl + Bill,
Do you also have to get the neighbor's permission for maintenance on your side? Just curious.
P - Can't speak to the specifics of a CYV. But with the Patio Villa we're buying, the full space (on one side) of your house is all yours to use as you see fit (and as that fits the covenants/rules) even though half of it legally is the other house's property. The reverse holds true on the other side of your house. Landscaping, sprinklers, mowing, etc. is the responsibility of the one property owner who has the use of the entire space. Works out nice to have use of the full space, though it's only on just the one side.

If someone doesn't have a copy of their deed restrictions (or if you'd want to see them for a property you're considering), go to www.districtgov.org , click "How do I?" at the top, click on "Download My Deed Restrictions" at the end of the drop-down list, then click on the particular District unit/villa. These will give you all the particulars about the usage. Hope that helps!

Bill
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Old 12-12-2010, 09:42 PM
Rob Stevens Rob Stevens is offline
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Wow. Best Q & A I've seen on TOTV. Learn something new everyday. This is something I've never heard of before.
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Old 12-12-2010, 10:09 PM
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Pturner;315036]Maryland Girl + Bill,
Do you also have to get the neighbor's permission for maintenance on your side? Just curious.

Pturner,
We don't have to get the neighbor's permission because we will be on a corner lot and the only adjacent house is the one where we have use of his 5 feet of property. We have access to all sides of our house without having to be on another's property.
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Old 12-12-2010, 10:17 PM
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Bill,
Thanks for the information. It has been most helpful and we'll check our deed restrictions.
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Old 12-13-2010, 12:47 AM
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Seems weird to me - what if you don't like what is happening on your property?

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Old 12-13-2010, 07:27 AM
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Here's an example of the deed restrictions for a CYV. Read Article IV, Property Rights.


http://www.districtgov.org/images/De...%20Adriana.pdf
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Old 12-13-2010, 08:19 AM
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Quote:
Originally Posted by Maryland Girl View Post
Bill,
Thanks for the information. It has been most helpful and we'll check our deed restrictions.
You're most welcome!

Bill
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Old 12-13-2010, 08:22 AM
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Quote:
Originally Posted by chuckinca View Post
Seems weird to me - what if you don't like what is happening on your property?

.
chuck - As long as what your neighbor is doing is compliant with the restrictions, etc., you probably wouldn't have a leg to stand on for taking issue. If it's something related to personal taste, I reckon that's always something that can be taken up one-on-one with your neighbor.

Bill
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Old 12-13-2010, 02:35 PM
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This set up allows each homeowner to have a larger useful side yard. Otherwise you would have a narrow strip on both sides. It is a better use of land for the developer. We have this setup in my current neighborhood. The only problems I have observed is when a careless neighbor lets their sprinklers spray on your house wall and it causes some damage. There is also the issue of landscaping interferring with your ability to maintain that wall.
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Old 12-13-2010, 08:05 PM
Maryland Girl Maryland Girl is offline
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This set up allows each homeowner to have a larger useful side yard. Otherwise you would have a narrow strip on both sides. It is a better use of land for the developer. We have this setup in my current neighborhood. The only problems I have observed is when a careless neighbor lets their sprinklers spray on your house wall and it causes some damage. There is also the issue of landscaping interferring with your ability to maintain that wall.

batman911,
We can see where you are coming from but in reading over the deed restrictions, it says the owner of the land has the right of ingress and egress to perform maintenance. Our rep said they would have to ask permission but the restrictions does not indicate they would. We would certainly expect them to do so but... We were concerned because we would have 2 dogs that would have use of the yard and well..you can see where this could go.
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Old 12-13-2010, 08:27 PM
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Hi Maryland Girl,
Did you know that you can quote another poster in your post by just clicking on the "Quote" button at the bottom right of the post you want to quote? That will save you a lot of time, plus it sets off the quote, so it's easier to read your post. Try it, you'll love it!

P
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Old 12-14-2010, 02:43 AM
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Maryland Girl,

It is the same here. You have the right to access to conduct inspection and maintenance of that exterior wall. Our deeds say you need to notify the homeowner that has use of that land of the time and duration of your access. It does not say you need their permission.
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