[kittygilchrist]

A previous thread, now closed, left questions for me about streetside easements for homeowners in TV.
(Please stick to facts rather than opinions or squabbles)
The questions are:

1. What is the distance of the easement (if that is the right term) from the street?
2. What is the purpose of the easement?
3. Does an easement mean that the homeowner no longer owns that property?
4. Does the use of the easement for purposes other than its stated purpose violate the homeowners right to own private property?

I would like to know once and for all the answers to these questions. If you answer, please cite your sources or credentials as an expert.

[skip0358]

If you look on your survey your can see the easements marked. They are usually done for utility runs, side walks, sewers, water lines, street lighting etc. They are not part of your property. At least that was the situation I ran into in New York.

[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.

[kittygilchrist]

The info below is in VCCD FAQs on community standards.
Relevant to this discussion as the site plan, not the survey, is the evidentiary document for set back and easements:


How will I know if I can add a room or a birdcage or extend a room to my home?
You will need to obtain a Site Plan which shows your Building Setback Line and any special easements you have on your property.

Why does a Site Plan need to be included with an ARC application?
The Site Plan shows your property lines, Building Setback Lines (BSL), and any special easements your property may have. Any modifications or additions need to be shown on the Site Plan and included with the application. The BSL refers to the distance from the front, back, or side of a lot beyond which construction or improvements may not extend.

Where Do I Get A Site Plan For My Property?
Site plans are obtainable at your County building department:

Town of Lady Lake Building Department
409 Fennel Boulevard
Lady Lake, FL 32159
352-751-1511

Lake County Building Department
315 West Main Street
Tavares, FL 32778
352-343-9653

Marion County Building Department
2710 E. Silver Springs Boulevard
Ocala, FL 34470
352-438-2400

The Villages Sumter County Service Center
7375 Powell Road
Wildwood, Florida 34785
352-689-4460

[kittygilchrist]

Setback as I interpret the document below, is the buildable part of the lot. In TV, I was told by Steve Mansfield (as an example of setback) that the patio walls being built in new sections by his company must be within the setback.

setback legal definition of setback. setback synonyms by the Free Online Law Dictionary.

From the above site searching for "easement"....this definition....

easement n. the right to use the real property of another for a specific purpose. The easement is itself a real property interest, but legal title to the underlying land is retained by the original owner for all other purposes. Typical easements are for access to another property, (redundantly often stated "access and egress," since entry and exit are over the same path), for utility or sewer lines both under and above ground, use of spring water, entry to make repairs on a fence or slide area, drive cattle across, and other uses. Easements can be created by a deed to be recorded just like any real property interest.

[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.

the set backs are not the homeowners property and are much greater distance than most homeowners realize. The homeowner cannoy build any permant type structures within the set back. Shrubs and other non permanent items are permitted but it must be understood that within the easement limits anything required to maintain drainage, utilities, etc is possible without the homeowners permission. I believe my set back distance is 32 feet from the edge of the street.

[BogeyBoy]

Originally Posted by Warren Kiefer

the set backs are not the homeowners property and are much greater distance than most homeowners realize. The homeowner cannoy build any permant type structures within the set back. Shrubs and other non permanent items are permitted but it must be understood that within the easement limits anything required to maintain drainage, utilities, etc is possible without the homeowners permission. I believe my set back distance is 32 feet from the edge of the street.

I disagree. A setback is the distance your building must be from the edge of your lot, but it is still your property. If both you and your neighbor built right to the edge of your property your homes would touch each other. Setbacks are established to prevent this from happening.

BTW, we are getting off topic - "street easement".

[Bogie Shooter]

Is Steve Mansfield an attorney?

[kittygilchrist]

Originally Posted by Bogie Shooter

Is Steve Mansfield an attorney?

I cited Steve as an expert in landscaping. You may choose not to consider him an expert. Here is his business site should you wish to ask more about his credentials in the field.

About Mansfield Landscaping | Mansfield Landscaping, LLC | Lake, Sumter, Marion, Orange, Osceola, Seminole County, FL

[kittygilchrist]

Originally Posted by Warren Kiefer

the set backs are not the homeowners property and are much greater distance than most homeowners realize. The homeowner cannoy build any permant type structures within the set back. Shrubs and other non permanent items are permitted but it must be understood that within the easement limits anything required to maintain drainage, utilities, etc is possible without the homeowners permission. I believe my set back distance is 32 feet from the edge of the street.

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?

[Taltarzac725]

FE108/FE108: Handbook of Florida Fence and Property Law: Easements and Rights of Way

This is an interesting publication on easements in Florida.

[SantaClaus]

A setback limits what the homeowner can do on his property, an easement grants another rights to some specific use of the homeowner's property. In either case, the property belongs to the homeowner, and he is responsible for the maintenance and safety of those portions of his property (excluding items added under easement rights). So, I am responsible for maintaining the grass between the sidewalk and the street (it is my property), but even though the sidewalk is on my property, I am not responsible for maintaining the sidewalk.

[Taltarzac725]

The Villages Regulations - EARTHSCAPES UNLIMITED Inc The Villages Landscaping

This website has some useful information.

[kittygilchrist]

Definitions previously given with citations:

setback-the area withing property lines on which building is permitted
easement-a legally granted right to a specific entity for a specific purpose within the land owned by the property owner.

Here is the VCDD description of the specific entity and specific purpose for which easement to my property is granted. section 3:

http://www.districtgov.org/images/De...209/S9-210.pdf

an easement, by the way, does not give any rights to the person who has an easement to restrict what I do on my propery, unless it materially interferes with their right to perform the specific purpose they are allowed to achieve.

just for the purpose of clarity, an easement does not convey any right to anybody outside the property owner except as explicitly stated in the easement.

If anyone disagrees, please support your statements with documentation. I am sincerely trying to learn what I can and cannot do on my little piece of paradise.

[rayschic]

Easements are covered in your deed restrictions.
See page 4
http://www.districtgov.org/images/De...208/S8-167.pdf

This is an example. When you look at YOUR deed restrictions, the amount of easement may be different, depending on if you have a CYV, ranch, designer, etc.

Here's the deed restrictions for a CYV, much more restrictions on side easements.

http://www.districtgov.org/images/De...0Escandido.pdf