Preserve vs yard? (HOA, new house, purchasing)

[WonderingFlorida]

I am looking at several potential new houses and am confused about the size of their "yard". I really want a large yard where my dog can actually roam and maybe even run. Where we live now, the survey shows that our property ends where the preserve starts. So I understand that I don't own that land and can't fence it or place anything there.

But the properties I'm looking at all have large sections of preserve (ie they might be 2 acre lots with 2/3 of it in trees/underbrush. But the surveys show that portion as part of the lot I am purchasing. I have been told I can't fence the "preserve" but what legally determines what is preserve? It seems rather arbitrary. Just any property with trees? I don't want to cut any trees down, I just want to wind a fence through there so my dog can wander.

[MoniAZmom]

I'm no expert, but I would think at closing you would know (or even before) exactly where your property lines lay. If the trees are included as your deeded property, you could fence it (provided your HOA regulations, if any, agree). If you simply have a small lot backing UP to a preserve, then you are only able to fence to your property line. Makes sense? Ask your realtor to explain... if he/she can't, then get a new realtor!!

[mawipafl]

WonderingFlorida .. who told you that you cannot fence the "preserve"? I'd follow up by asking that person why.

There are a number of "definitions" for preserved land: 1) It could be land that's been legally classified as a preservation and falls under a different tax class (and can be owned by the state, the county, the private landowner, etc.); or 2) it's wet lands or part of a greenbelt that cannot be disturbed regardless of ownership; or 3) the HOA or CDD has determined that each lot must always 'preserve' a certain percentage of trees.

I would head straight to the county or local appraisor's office to get the real information about a specific piece of property.

[stevep]

You should first start by look at the survey and the plat to determine if you own the "preserve" area.

[Robyn55]

And after you get the survey and the plat - you'll need to see if there's a wetlands jurisdictional line (preserve these days frequently = protected wetlands). Robyn