CD1
Posts: 5
Posts: 5
Posted:
Even though our association is several years old, an issue just came up that affects four lots. A new owner had a survey done and discovered the association owned road does not overlie the ROW. So on two lots, there is a ROW across what would otherwise be buildable areas of two lots, and on the opposite side of the road there are two lots where the pavement is essentially on the lot owners' properties with no coinciding ROW.
Adding to the complexity, a crescent of land belonging to one lot on one side actually sits on the opposite side of the road and, of course, the facing lot has a crescent cut out of his lot which is legally in the possession of the facing lot's owner.
This happened when the original survey/road installation was done by the developer back in 2003 and none of the intervening lot owners (most lots have changes hands several times over the years) ever noticed. Now a couple are ready to build and this is what they have discovered.
We (the Board) are being asked to fix this issue but we don't really see what we can legally do. So far our only recommendation is that the lot owners seek the advice of a real estate attorney and maybe come to some agreement among themselves to shift the property lines. Then the association, through the ARC, could give the lot owners who have the entire ROW on his property a variance when they build. (Otherwise the covenant restriction that they build 20' back from the ROW would remove much of his buildable area.) The one issue that remains is that there is still no ROW on the other two lots which seems to limit how the HOA can require them to set back their homes the 20' that all other owners have to comply with.
Anyone come across a similar issue?
Adding to the complexity, a crescent of land belonging to one lot on one side actually sits on the opposite side of the road and, of course, the facing lot has a crescent cut out of his lot which is legally in the possession of the facing lot's owner.
This happened when the original survey/road installation was done by the developer back in 2003 and none of the intervening lot owners (most lots have changes hands several times over the years) ever noticed. Now a couple are ready to build and this is what they have discovered.
We (the Board) are being asked to fix this issue but we don't really see what we can legally do. So far our only recommendation is that the lot owners seek the advice of a real estate attorney and maybe come to some agreement among themselves to shift the property lines. Then the association, through the ARC, could give the lot owners who have the entire ROW on his property a variance when they build. (Otherwise the covenant restriction that they build 20' back from the ROW would remove much of his buildable area.) The one issue that remains is that there is still no ROW on the other two lots which seems to limit how the HOA can require them to set back their homes the 20' that all other owners have to comply with.
Anyone come across a similar issue?