Conservation Easements

[jsibley]

My property survey shows a conservation easement that starts from a stream in the back of my property and extends 50-feet towards my house. It is my understanding that I cannot construct anything within the easement. I have a neighbor whose property butts up to the opposite side of the stream. He has a fenced in yard that is placed approximately 50-feet back from the water. His property between his fence and the water was, until last month, very natural, full of trees and provided a nice buffer between our homes. Last month he cleared the land and began the process of extending his fence down towards the water. He informed me that his survey does not show a conservation easement and the county told him all he had was a 10-foot utility easement. The homeowners association granted my neighbor permission to extend his fence despite my protests. I don't understand why I am held to a 50-foot easement on one side of the water and my neighbor is not. My question is, where do conservation easements originate from and who regulates them? Is there anything I can do? I truely believe having a 7-foot tall fence in the back of my property will have a negative effect on my property values.

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by jsibley:
My property survey shows a conservation easement that starts from a stream in the back of my property and extends 50-feet towards my house. It is my understanding that I cannot construct anything within the easement. I have a neighbor whose property butts up to the opposite side of the stream. He has a fenced in yard that is placed approximately 50-feet back from the water. His property between his fence and the water was, until last month, very natural, full of trees and provided a nice buffer between our homes. Last month he cleared the land and began the process of extending his fence down towards the water. He informed me that his survey does not show a conservation easement and the county told him all he had was a 10-foot utility easement. The homeowners association granted my neighbor permission to extend his fence despite my protests. I don't understand why I am held to a 50-foot easement on one side of the water and my neighbor is not. My question is, where do conservation easements originate from and who regulates them? Is there anything I can do? I truely believe having a 7-foot tall fence in the back of my property will have a negative effect on my property values.<HR></BLOCKQUOTE>

You are trying to control some elses property. I do not have the opportunity to review your title report and survey, but most conservation easements are given or required by either the Federal, State or City/County government. Most of the time no one regulates the easement but it is up to the property owners to do a self regulation preservation kind of watch.
You need to find out the real facts and understand what you can and can not do. If you plant trees, bushes etc. on your property would that restore some of the privacy that you lost? Remember you have two entities to deal with on this issue, the County and your Homeowners Association.

 

[jsibley]

Yes, the addition of mature landscaping is in the works.

Saying that I am trying to "control" some elses property is a bit harsh. I simply want to find out if the restrictions that apply to my property apply to my neighbor's and I don't know where to find this information. Our CAM is clueless and the county put me on indefinate hold, but I will continue my search.

Thank you for your response.