There are some amazing benefits to owning a lot that backs to common ground, the main one being that it makes it look like your backyard is huge! The problem with common ground is that it is just that… it is ground that is commonly owned by everyone in that subdivision. Which means that you should not use it for your own personal benefit.
In the example that we’re addressing today, the owners of the property did not have a survey performed when they originally built the gazebo, a shed, and a play set with rock all located within the common ground.
When they went to sell the property, the new buyers had a survey performed and it was clearly shown that those items were located within the common ground. It also became a reality that the backyard was significantly smaller than it was believed to be. This, of course, had an impact on the financial value that had been placed on the property.
When the existing homeowner went to the subdivision trustees to get permission for the gazebo and additional items, their request was denied. The trustees advised that all items were to be removed from the common ground area. Had the homeowner had a boundary survey performed prior to building the gazebo they would have been able to see what land they actually owned versus what land they appeared to own.
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