Easement Property Rights

[shellieandjeff]

My husband and I recently had a new house built in Florida. We had to pay $2000 extra for a premium lot b/c the model we chose would not fit on a regular lot. We were told the lot was 50' x 150'. Our neighbor suggested that we measure our lot. It is actually only 120' deep. So I looked it up on our appraisal. It shows our property as 150' deep with a 30' "landscaping easement" on the other side of the subdivision wall. So it seems we paid $2000 extra and ended up with a yard the same width as a regular lot and only 20' deeper. We did not see this appraisal until AFTER we closed. There are six other houses with the same situation. We're wondering if we have any right to the land on the other side of the wall. Can we fight to have the wall moved 30' back? The walls of the adjacent subdivisions are located right next to the sidewalk while ours is 30' away (with no landscaping).

 

[Tracey]

You may have a right to take the wall down and extend your landscaping into the 30' area, or you may be able to demand a refund of some of your purchase price. Take all your documents & go interview some real estate attorneys. Depending on what you find out, you may want to get your neighbors involved & all bargain together.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.