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I have a lot that is 140 x60 and I have a 30 foot drainage easement on the rear of the property- which is significant in that my back yard is small with that easement. I would like to do something with this area. Right now, there is some trash in there, weeds, old logs etc. Is it within my rights to go in, clear it out leaving all the trees of course, plant some new trees and maybe grass? I would not build anything back there of course.
I have a lot that is 140 x60 and I have a 30 foot drainage easement on the rear of the property- which is significant in that my back yard is small with that easement. I would like to do something with this area. Right now, there is some trash in there, weeds, old logs etc. Is it within my rights to go in, clear it out leaving all the trees of course, plant some new trees and maybe grass? I would not build anything back there of course.
thanks...
HOA says just not to cut down any live tree.
Yes it is within your rights, particularly since you spoke with the HOA and got some guidance.
I would garden or landscape a little. But, don't plant any sentimental value heirloom stuff. That easement also probably allows access for maintenance, and they would not have to preserve your stuff.
wel i have not SPOKE with the HOA. I have looked at the covenants and that's all it says about "natural areas". What is considered a natural area? An area that the developer did not clear? Or one that has an easement?? Who makes the finaly determination on which trees to cut down? Seems like developer cut down most trees and that i only have a couple in the back yard becuase of the drainage easement.
While I'm currently not living in the Triangle (yet), our present house is next to a 50' easement--sloped for drainage (but not noticeable) and for access to our neighborhood lake that's behind our house. We've always mowed it (we seeded it after getting rid of the weeds) and kept that part of the lake edge cleaned out.....in essence, we treat it as an extension of our property, and the developer was happy to let us because that meant less upkeep for him to perform. We've planted a couple of trees and bushes (knowing that they might get taken out if needed by the HOA), used one spot as a burn pile, and a composting area, etc. I think as long as you recognize that it's not your actual property and its function is maintained, I don't see why they'd object to you cleaning it out and making it "nicer" while keeping to its purpose--drainage.
Just a sec, is the easement behind your property or part of your property? Your survey should tell you. This is an important distiction.
If you own it, it's yours, and do what you want within the rules of the HOA (but my advice is no permanent structures, and no fences - if a utility company needs access, they'll tear the fence down and will not put it back up). If it is just an area behind your property, meaning you do not own it, then it belongs to the HOA and they are responsible for the upkeep of it. I'd think clearing out visible trash is OK, but removing bushes, plants, etc probably not - it's not yours. Check with the HOA in this case.
It kind of sounds like the first one, if so, clear away.
Too funny that I am commenting on my next door neighbor's post! We are actually planning to build a deck out back right where the yard starts to slope. We are not cutting down any trees and there is no need for any utility workers to get back there. One of the neighbors on Pyracantha built a similar deck and it looks really nice. Just hoping to get a little more use out of the land!!
Too funny that I am commenting on my next door neighbor's post! We are actually planning to build a deck out back right where the yard starts to slope. We are not cutting down any trees and there is no need for any utility workers to get back there. One of the neighbors on Pyracantha built a similar deck and it looks really nice. Just hoping to get a little more use out of the land!!
hi!! yeah, i want to use more of the back yard too but i like the privacy we have with all the trees etc.
i really just want to get rid of all the weeds/underbrush and dead things/trash back there and then plant a few nice trees. maybe some weeping willows?
i emailed holly springs asking what i can do back there and i looked at my survey just now. waiting on holly springs response but based on my survey, I think i can do stuff pretty far into the bush before even touching the easement. not sure. if you see me out there with my measuring tape, you will now what i am doing.
i have alot more to do before even thinking about doing anything back there though. 1st priority is getting my grass in the back going well.
so i wanted to give an update. i eventually found out that I can basically do anything I want back in that area except build anything or put a structure there. I can plant trees and landscape per the town of HS. I can also cut down trees that are smaller than 6 inches in diameter per the HOA. Obviously I want to keep as many nice trees as possible. Anyhow, i went through last weekend and cut a few ugly trees down as well as cleared out a bunch of dead trees etc. It is really starting to look nice! Once I finish selectively clearing, I plan on planting a weeping willow. There is water flow back there when it rains so I know I need to not plant it right in the middle. Off to the side towards my house should work fine. Eventually i would like to build some steps to get down the hill but that's a whole different HOA planning thing.
When I am done, I will see my yard continue to the back property line or so and i won't feel as confined as I do sometimes now....
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