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Boundary Dispute of the Week (Osceola County, Florida)
ridge replied 8 years, 11 months ago 11 Members · 27 Replies
The plat calls it a double driveway, not a common driveway..
The plat calls it a double driveway (two driveways together), not a common (or shared) driveway. Also, 12 feet is plenty wide enough for passage of a vehicle. Just from the language on the plat and declaration of covenant and restrictions, I don’t see any granting of an ingress/egrees easement to each neighbor.
The plat calls it a double driveway, not a common driveway..
So is it common in this area to restrict lot access to the streets to 12 feet? Say a development has single access to the streets. Is 12 feet a standard? I personally wouldn’t but such a lot. I’t might not even be safe to turn into and out of.
The plat calls it a double driveway, not a common driveway..
The detail Bow Tie posted in the [msg=318500]message above[/msg] shows a single 30 foot wide pavement in the right-of-way with 12 feet on odd numbered lots and 18 feet on even numbered lots. The plat text is at odds with this stating 12 feet. However the wording clearly states “Driveway cuts shall be confined to the twelve (12) foot portion of the lot frontage as shown on the detail drawing on the plat and must connect to the driveway apron to be provided by the Developer across the road rights of way to the road pavement.” If this was a requirement imposed by local government the developer may not be able to grant an exception. Many jurisdictions require a permit to construct a new driveway. Failure of government to follow through on the plat requirement may be an over site due to the age of the plat. If this goes to court it may bring this to the attention of all concerned.
EDIT: The wording combined with the detail implies a 6 foot gap between the drives behind the right-of-way line.
The plat calls it a double driveway, not a common driveway..
I’m pretty sure those are both 12′. Otherwise the amount to the right would be 50 percent bigger than the amount on the left. It appears to be similar in size.
The plat calls it a double driveway, not a common driveway..
> I’m pretty sure those are both 12′. Otherwise the amount to the right would be 50 percent bigger than the amount on the left. It appears to be similar in size.
That’s the way I read it as well. Two 12′ wide driveways side by side at the right-of-way line.
The plat calls it a double driveway, not a common driveway..
You may be correct the dimension on the even numbered lot (right) is blurred.
The plat calls it a double driveway, not a common driveway..
Looking at the posted pictures it appears that most of the houses have driveways that don’t conform to the double driveway. No enforcement of the condition. My guess is that the neighbor building the new home has no intention of using his 12 feet for a driveway and just wants the area to the lot line for landscaping. The enforcement is probably for the homeowners association if they have one and not local government. So the dispute goes to court anything might happen.
I see a lot of stuff on older plats where easements and such are not very well defined (also on some new stuff). Hopefully as surveyors that produce plats we are dong a better job at this stuff these days.
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