Dedicated road

Started by BB5 • 8 replies • 2080 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

BB5 (Missouri)
Posts: 145

Posted:

All of the homes in our HOA are privately owned, the road is dedicated, one homeowner has extended well beyond their property line onto the (dedicated)road
and adjoining property (there was a survey )short of hiring an attorney how much trouble would we be in if we rented a bob cat and "did a little " excavating ?

SusanW1 (Michigan)
Posts: 5,202

Posted:

You are kidding, right?

The HOA needs to get a Survey and place brightly colored marker posts to show the road. Let the homeowner know - by letter - that the boundaries have been noted and he should respect them.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By BB5 on 05/19/2011 3:01 PM

short of hiring an attorney how much trouble would we be in if we rented a bob cat and "did a little " excavating ?

Two wrongs don't make a right.

Hire the attorney and do it sooner rather than later.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Quote:

Posted By SusanW1 on 05/19/2011 5:39 PM
You are kidding, right?

The HOA needs to get a Survey and place brightly colored marker posts to show the road. Let the homeowner know - by letter - that the boundaries have been noted and he should respect them.

I agree with Susan in that a getting a proper survey and which is marked will totally eliminate the issue and potentially be the less expensive method of taking care of the issue.

BB5 (Missouri)
Posts: 145

Posted:

No a survey was done they just pulled up the flags and ignored the letter thats pretty much the way it goes around here officers included what ever suits their need.

BB5 (Missouri)
Posts: 145

Posted:

I did forget to ask what is wrong with it after all it wouldn't be tresspassing on their property.

TimB4 (Tennessee)
Posts: 21,059

Posted:

I've got a sister-in-law who lost part of her property because someone had been using it, thinking it was theirs, for many years. I forget what she said the legal term is for that.

This is why I said hire an attorney. They should be knowledgeable in property rights.

Tim

BB5 (Missouri)
Posts: 145

Posted:

It's called "Adverse possession"

JanetB2 (Colorado)
Posts: 4,219

Posted:

Quote:

Posted By BB5 on 05/20/2011 1:14 PM
I did forget to ask what is wrong with it after all it wouldn't be tresspassing on their property.

If the HOA board approved excavating and it was absolutely HOA property, then potentially there would be no issue. However, if it later shows to be other homeowner's property then HOA could potentially be liable for damages.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here