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Landscape easement behind my house

Tampa, FL |

My hoa holds a landscape easement behind my house. I have verified with my county and there are no utility easement back there. I have taken approval from my HOa to clean up the easement, and landscape it at my expense and use the land for kids to play. I have a fence now And I will be pushing the fence back to where the easement ends. My question is will landscaping my eament myself increase or decrease my property value and can I put a play yard in the developed easement now for my kids?

Attorney Answers 3

Posted

You would need to read the easement to make sure you are within your rights to put the play yard in.. At a later date the HOA might require you to move the fence back. Is there a possibility that they will release the easement since they don't plan on using it? That would enhance your value. On the last question, the answer would be subjective and would depend on your local market.

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Asker

Posted

But will my HOA release the easement, it's only 15 ft and it backs to another property , so it's not like the hoa can build anything there. What does it take for me to make my hoa to release the easement

Cheryl Rivera Smith

Cheryl Rivera Smith

Posted

Just have a local lawyer prepare the simple document. Have the appropriate HOA representative sign it before a notary, and file it in the office of the county clerk.

Posted

The answer to your question depends on the wording of the easement. If the easement is non exclusive, you and your kids can play on it. Fencing easement land or constructing a play yard on easement land with association approval gives you a license to use the land. Licenses are personal, can be revoked at any time by the association, and do not pass with the title to your land. Therefore, exercising the license by using the easement area should not increase or decrease the value of your property. If you are unsure of your rights with respect to your property and the easement, you should consult an experienced real estate lawyer in your area.

Disclaimer: This answer is provided for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed.

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Posted

Thank you so much, guys are so helpful, don't know why I took so long to post it here, this has been goin on for more than 3 months or so. My plan shows that the easement area is mine Whihc means I have paid for it along with my house is this right, but the hoa has easement on it. the paperwork says its drainage and landscape utility, my county says there is no drainage or sewer utility there. It's been 8 years since I am in this house and. Don't think the hoa can build anything in that 15 ft of land there since it backs to another community there and there is a small fence from the other side. I am thinking of calling my hoa to ask for them to release the easement. It's costing me around 8 k to clean and landscape that area, I don't want taped that much and then the hoa coming back and asking for thier easement back.

Posted

The wording of the easement will dictate what you can and cannot do.

Improving the appearance of your house can increase its value which in turn can result in higher property taxes.

I am not a FL attorney, laws vary from state to state, therefore you should always consult a local attorney.

If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education purposes only. It neither creates an attorney-client relationship nor provides legal guidance or advice. The answer is based on the limited information provided and the answer might be different had additional information been provided. You should consult an attorney.

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