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Robbie Delivenelli feels like a prisoner on his property in southwest Marion County, but authorities say he has a way out.
Along the west side of his 9.48-acre property at 10495 SW 105th St. in Ocala is a dirt road leading from the pavement of Southwest 105th Street. Delli Venelli, 41, has been using that road for six years to get to the entrance gate that opens on his property.
However, use of the dirt road ended on March 8th. At that time, On Top of the World installed an estimated 3,400 feet of chain-link fencing parallel to the western boundary of Deliveneri’s property.
The parcel immediately adjacent to the west of Deliveneri’s property is owned by OTOW Communities LLC and is part of OTOW’s Longleaf Ridge Phase VIII site, where pre-construction site work is underway.
A map on the Marion County Real Estate Appraiser’s Office website shows more than 74 separate lots near Southwest 106th Circle within the OTOW subdivision being developed.
“I have a gut feeling that (the developer) wants to kick me off the property,” he said.
Delivenelli said crews removed the access gate to his property while installing a chain-link fence.
The Star-Banner wrote about the conflict in October 2022, but there is still no resolution.
OTOW’s representative, Steve Vancore, along with Tallahassee-based Vancore-Jones Communications LLC, who represents OTOW, said in a text message that OTOW has installed new fencing and that Delivenelli’s previous entry gate has been renovated. “It was removed, but it was placed on his property because it was improperly placed on the property.” It’s not his. ”
The Deliveneri property is surrounded by private property to the south and east. There is obviously an access road to the north and another OTOW development further north.
Land will need to be cleared to clear a path from the Deli Veneri site to the north to the access road.
don’t call it an easement
OTOW Land Development Director Robert Stepp released a statement to the Star-Banner. He said the dirt road Deliveneri has been using is not an easement.
“To be clear, the land he has been using is private land and not an easement,” Stepp said.
“Over the past two years, we have made numerous accommodations for this neighbor, even offering to clear the land at our expense to facilitate access to his property,” Stepp said. Stated.
“He repeatedly refused and claimed he only wanted to use our land to drive across. We also repeatedly notified him that we would be building on the property, so he took us by surprise. I was not hit,” Stepp wrote.
Delivenelli said the dirt path of chain-link fence that now runs along the side of the OTOW Communities property is actually a 15-foot-wide easement, as shown on a decades-old site map. I believe that. But public records kept at the Marion County Property Appraiser’s Office show otherwise.
Parcel records from that office show the chain-link fence is actually on OTOW property.
The dirt road used by Deliveneri was a public right-of-way in the 1930s, according to Plat Book D page 72 of the Plat of Southeastern Tung Land Company. However, after rezoning in 1977, the western 15 feet of the 30-foot right-of-way where the dirt road was located was added to the land now owned by OTOW.
The dirt path is located on the west side of the property that Delivenelli purchased in 2018. Public records show the path has existed on property now owned by OTOW for 47 years, simply as a convenient way to access the adjacent residential area. properties.
Diana Causen, director of title for the Marion County Real Estate Appraiser’s Office, explained changes to the property made in 1977 that are shown in public records.
Marion County public records state that the 15 feet west of the 30 foot easement was “updated November 15, 1977, Official Register 851, page 28, to add 15 feet west to Circle Square Ranch.” It is written that “it became a land.”
This parcel is now owned by OTOW, which is adjacent to the Delli-Veneri property.
Property owners have two options
Deliveneri appears to have two options regarding the easement.
15 through wooded land, perhaps half the length of the chain-link fence line, to provide access to Southwest 105th Street south or to clear a major road. They claim they have to pay a grader to cut a sample of the feet. Follow the wooded path north to reach Southwest 100th Street.
Delivenelli said he met with representatives from family-owned Koren Built Development, the umbrella company for projects including OTOW, Calesa Township, The Lodge and Circle Square Commons. The company says it is the “oldest privately owned” development company in Florida.
The University of Florida Institute of Food and Agricultural Sciences website (edis.ifas.ufl.edu) discusses easements in its “Handbook of Florida Fence and Property Law: Easements and Rights of Way.”
The website lists prescription easements and conservation easements as some of the types found. His one aspect of a prescription easement includes “actual, continuous and uninterrupted use (not possession) for a period of 20 years,” while a conservation easement is “to restrict further development of the property.” An express easement created in
Delivenelli claims other nearby property owners have been using the dirt road for more than 20 years.
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“(OTOW) has never blocked or stopped the use of the easement. Under Florida law, an easement that has been in use for more than 20 years cannot be closed or stopped. We can’t,” Delivenelli insists.
Star Banner did not seek an independent legal opinion regarding the easement guidelines or Deliveneri’s specific claims.
large expense
“Too much money and trees need to be moved (towards) 100th Street SW,” Delivenelli wrote in a text.
The description of Delivenelli’s property in public property records includes “Southeastern Tungland Co.” And some of the land data mentions “Southeast Tung Oil”.
A January 4, 2014 Star-Banner article by Marion County Historian David Cook discusses the beginning of growing paulownia trees here in the early 1930s. He said “midwestern speculators” bought 5,000 acres in southwestern Marion County for an estimated “$1.5 million investment,” divided them up and sold them as 10-acre paulownia tree farms. .
According to the article, tung nuts produce an oil used in certain paints, and the product was once touted as “the liquid gold of the South.” UF IFAS warns that some of this tree’s flowers are toxic to humans.
The area would be known as “East City,” but the article indicates that the entire industry was in decline by the 1960s.
Meanwhile, Deli Ventri has made improvements to the grounds, including a shed, over the past six years. He was issued a Marion County Building Permit for family/residential construction in May 2023. Expiry date is August.
The slab of the house is completed and ready for construction. As access issues are resolved, Deli-Ventoli is moving in and out of the property as best she can.
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