Am I liable to remove landscaping that was planted into an easement if the previous owner and both realtors knew it would be an issue?

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Am I liable to remove landscaping that was planted into an easement if the previous owner and both realtors knew it would be an issue?

In the villages, you cannot put landscaping within 10 feet of the road. I bought a

property that the realtor who works for the villages told me was expensive and

beautiful. He should have known I would have an issue. I was fine until someone complained even though there are many houses that did the same thing. Now I am told I need to remove it all and replant to the tune of about 4K. If both realtors and the previous homeowner knew that it would be a problem, should I have been told. Is there anything I can do or am I responsible?

Asked on October 2, 2018 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You are responsible: this sort of violation, unfortunately, is the responsibility of the current homeowner, the same way the zoning or building code violations are the responsibility of the current property owner. It is your responsibilty, not that of past owners or the realtor, to comply with the easement.


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