HOA Easement Within Purchased Property

Started by JeffreyB3 • 8 replies • 2247 views

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JeffreyB3 (Michigan)
Posts: 3

Posted:

Hi,

I am new to this forum so I'll try to explain my situation as best as I can. Thank you in advance for any input you may have.....

My wife and I purchased a lot to build on recently and have signed all of the paperwork/mortgage/construction loan, ect., and the builder just dug out the basement the other day. As I didn't have a detailed 'overview' of the lot schematics (not sure what the term is), my builder provided this for me the other day. In looking at the document, I discovered that in part of the property (within my property border), there is a statement that says "70' WD EASEMENT FOR LANDSCAPE TO PARKLAND HILLS.....". (I have attached document). On this portion of the property there is a very small hill that has ~12-16 6' pine trees planted. I had assumed that the owner of the property (who had it for 15 years) planted these at some point in time but now I am wondering if the association did this....I have a few calls in to determine. My plans for the property were to level the small hill and then relocate the pine trees to the back side of the property towards the road so that my family could then enjoy a large backyard. Now I'm not so sure I can do this based on what I see on this document. I've searched the internet hoping to find something similar to my situation but as of yet have been unable to find anything. Is it likely that the HOA has rights to this part of my yard and therefor I will not be able to touch it? If so, I assume that I am paying the property taxes for the entire area of the yard so if I am unable to use this portion as desired then essentially I should only be paying 2/3rds of the taxes. This just doesn't seem right to me....I would certainly welcome any input anyone has to my situation.

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📝143592289871.doc(185 KB)

JohnB26 (South Carolina)
Posts: 1,569

Posted:

correct ~ you MAY NOT alter the easement w/o HOA approval

MORE IMPORTANT is the 20' easement for storm sewer and surface drainage !

i would NOT alter the surface drainage IN ANY MANNER ~ PERIOD

ps. ? why would you NOT want the elevated buffer between you and the road ?

you bought what you bought

CAVEAT EMPTOR

JohnB26 (South Carolina)
Posts: 1,569

Posted:

i am not an attorney

however

imo

a private easement holder would be responsible for any costs/maintainance connected with the easement ~ the HOA probably should pay you the 'pro-rated' portion of the taxes in exchange for the exclusive use of the easement

check with the BOD and

politely

request they consult with the corp. attorney

DO NOT THINK ME VS. 'THEM'

'them' ARE you

JeffreyB3 (Michigan)
Posts: 3

Posted:

Thank you John for your input. I will contact the HOA and BOD to see what they have to say about it and then go from there. I purchased the property separately through an individual first and then worked with a builder. Unfortunately, it appears I didn't do my 'do justice' in looking at the property well enough....the point being that I was under the impression that the entire lot was mine to do with what I wanted. Of course the gas/water/sewer easements are to be expected.....I just never expected that the HOA would have stake to my purchased property. There is still a lot of property behind the small hill that is essentially wasted space that I had envisioned restructuring so that I could have the lawn of my 'dreams'. I'm slowly losing hope that this will come to fruition but we'll see. Thanks again.

KevinK7 (Florida)
Posts: 1,343

Posted:

I do not think an easement will give them exclusive rights to the land. What are the details regarding the easement?

JohnB26 (South Carolina)
Posts: 1,569

Posted:

see the OP's attachment

'private easement for landscaping to xxxxx, HOA' ~ abutting the main roadway into the sub division ~ plus a drainage easement on the OP's side also

boy, oh boy, did he get screwed but good

CAVEAT EMPTOR

SandraA3 (North Carolina)
Posts: 9

Posted:

Having the same problem. Part of our property is considered "common area" according to the HOA. I cannot find that on my legal paperwork and have contacted the City to investigate. I am paying property tax on all. Part of the property is, in fact, paved and an entrance to a large parking lot for several homeowners. I am not the only one with this situation. The HOA is considering installing a community message board, and I don't want it on my deeded property. So far no reply from the City official who was going to investigate and get back to me last week.

MatthewW4 (Arizona)
Posts: 500

Posted:

Sandra,

How did you determine that "part of our property is considered 'common area'?" There is a bit of a difference between common area and an easement over private property.

Common practice, but far from universal, is to have a surveyor prepare a plat showing property lines and dedicating any easements. The plats are normally recorded in a public office. (In my state, plats and deeds are recorded with the County Recorder but usually in separate books.) When purchasing property in a subdivision it is also common practice, but not universal, for the title insurer to supply the buyer with a copy of the plat(s) along with other recorded restrictions.

If no plat was prepared, then normally the easement would be described on your deed.

Many developers lay out subdivisions with easements rather than dedicate real estate for roads and driveways. It sounds like this is what they have done to your lot. As you noted, the owner ends up with a tax bill for the improvements made on their property.

I am not sure what remedy you may find. If the easement was properly recorded you may have no recourse at all.

Since you said that other owners have a similar situation, you could band together and insist that the HOA purchase the property they are using. This is far more complicated and expensive than it seems like it should be. Each property will have to be surveyed and new plats drawn up and new deeds recorded. Then, of course, there will be the one fussbudget who will sink the whole deal because he wants more for his slice of land than anyone else. You may find that you will just have to live with it.

SandraA3 (North Carolina)
Posts: 9

Posted:

Thank you Matthew. I have the plat which does not indicate easement or common area, just shows property lines (across which there is that entrance to our parking lot). When I talked to someone at the City, they said it should indicate "common space" on the area if it was common area. The plat does not indicate that. These are recorded in our County office. Perhaps my copy is not an actual copy. I will contact the County, since I have book and page of the recording. I will also look at the deed carefully to see if easements are mentioned. Thanks!

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