Landscape easement behind my house

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?

Tampa, FL -

Attorney Answers (3)

Marshall C Deason Jr.

Marshall C Deason Jr.

Real Estate Attorney - Tampa, FL

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... more
Michael T Millar

Michael T Millar

Real Estate Attorney - Toms River, NJ

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... more
Cheryl Rivera Smith

Cheryl Rivera Smith

Real Estate Attorney - Frisco, TX

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.

Related Topics

Easements and land use law

An easement is a right to enter or use someone else's property for a specific reason. It remains in force even if the property is sold and is also transferable.

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