easements legal

Tell the owner to do what he should have done when he discovered that they located it on his property in the first place ---- CONTACT AN ATTORNEY. He may or may not have lost part of his property rights do to his lackadaisical treatment of the problem so far.

No easement has been established. This would have to be agreed upon by both parties, written and recorded at the registry of deeds..... or forced by the courts. None of this has happened, thus no easement exists.

The HOA likely has no choice but to relocate the unit to HOA property.

I am not nor do I play a lawyer.

Most properties are riddled with easements (rights of way) for utility companies, municipalities, storm drains, etc. As a example in newer developments with underground utilities it is quite common for there to be an easement as far in as 6 feet from the curb/sidewalk. Quite often the first 4-10 feet of what someone consider their front lawn is a easement if there are underground utility lines like electric, phone, cable, gas, etc.

Typically one is not allowed to build on nor over an easement. The easement owner can request any structures be removed. The easement owner can remove any obstructions. Obstructions removed during say a repair/replacement do not have to be replaced.

I could be wrong, but I doubt some neighbor directed the utility company where to put something. The utility company probably put it where it wanted on their easement.

there you go Larry, being reasonable and accurate AGAIN

Thank you all for your responses! The difference is $11k but the property manager has a chip on his shoulder and thinks an easement has already been established and there is no need to go to court. Would the courts grant a prescriptive easement that would allow the prescriptive aspect (that it has been there for 20 years) be replaced with something totally new that requires a lot more space and a much bigger clearance requirement?

how much would court costs be to procure the easement or title?

Court costs could go on for years and your lawyer fees could easily reach $100,000. And if you loose, you may owe the other guys lawyer fees as well. So might be $200,000.

If the cost is $11k, offer the homeowner $2k to settle and give you a legal, written easement and filed with the registry of deeds.

unfortunately I am the subject that the HOA is putting into the meat grinder and it just got more complicated. They say that the property is zoned as condominiums and that we only own the lot that the house is on and therefore they do not need a title deed or easement. the whole dang thing was started by the contractor who built two of the houses made a drop for construction power but it was underground because they wouldn't allow overhead lines. The gate controller was added on while the original owner was overseas so they didn't need to add an additional power connection because well they wanted to do it "cheapo". But they didn't inform the original owner and he was pissed about it but chose not to fight it for a number of reasons that are not clear to me. the utility would have added the new drop for new gate service at no cost because that is their policy to get new customers online. Now the utility is saying that the connection never met code and needs to be completely rebuilt at a cost of $7k and to move it will cost $18k, which doesn't seem right if the utility would make the drop at no cost.

the complication is that the HOA says they don't need title or an easement cause the HOA owns all of the property and that the lot lines are meaningless but I dare not make improvements beyond the lot line. We are on a hillside with about 7 acres but our lot, if there is such a thing is only about 0.25 acres. This doesn't seem fair as all of the other houses have completely walled in their yards making it clear that this is their private property. One homeowner objects strongly to having to pay to upgrade our lot (his words not mine as I simply don't want to give up even more property) and is adamant that the HOA will make this upgrade on our lot regardless of the impact to our lot. It is a much bigger unit and requires a much larger footprint because the utility requires 3 feet of clearance around the entire unit making it an 9 foot easement in circumference. Our front lot is tiny and this takes up about 10% of our front yard.

Am I screwed or is there any hope that since all other homeowners have privatized their lots that I should have the same option and that an easement should be required? Can I stop the construction until a judge sorts this all out? They claim they don't need my approval but it sure feels like the lot is mine. I have to pay for its upkeep. Please help me decide if it is worth fighting for. I know I need an attorney. just don't want to throw good money after bad. the DH owner says if I protest his attorney will sue me and he will own my house. yeah right!

Yes I suspected that was the case and am getting emotional about this so not thinking clearly. Was just hoping someone would say you may have a decent position or stop wasting your time and look for an easy retreat as you are in a bad position. But it is truly difficult to do the midnight quarterbacking without the relevant documents.

I just wanted to shout out and say thanks to all who replied. At the very least it helped me exercise some of these demons plaguing my pursuit of happiness and peace of mind.

I know I don't understand the platted easement issue. The ownership of land is intriguing since the other homeowners have walled in their lots. Probably means nothing though. Will try to find a cheaper solution through the utility company but worried that the HOA can start construction before I am able to legally stop them.

I know I don't understand the platted easement issue. The ownership of land is intriguing since the other homeowners have walled in their lots. Probably means nothing though. Will try to find a cheaper solution through the utility company but worried that the HOA can start construction before I am able to legally stop them.

A PLAT is simply the map of your development or street that shows actual or proposed features (lots, easements, sidewalks, streets, etc.). An easement is where someone other than the property owner has a right to use a specific portion of your property for a specific purpose. Common easements are utilities (power, water, phone, etc.), sidewalks, perhaps streets and storm water drainage).

To oversimplify it, if your Association did not have an easement for your property saying that they could instal the gate power box where they did, then they are trespassing and, as the owner, you can order them to remove it or remove it yourself. Another option would be to sell the land to the Association or, and I would consider this one, charge them rent in an amount equal to the annual assessment (as adjusted yearly).

Hope this helps,

Tim

If you go to a lawyer, to sort this out, make sure to tell him its a condo before you start talking about easements, etc. Lay out everything, dont give info in small chunks like you did on this forum. The lawyer charges hourly and you will end up with a huge bill if you waste his time. If it is indeed condo property, the condo does not need to make an easement on its own property. It owns it.

Personally, I would consult with a lawyer before spending $$$ on this project.

single family homes that are on lots, in essence, but were zoned at the last minute prior to development as a condominium for the property. they function as individual lots but the entire 11 acres are zoned as a condominium. everyone treats their lot as their private property and have walled them in. each lot is about 0.25 to 0.3 acres so with 11 homes there is plenty of common property.

GregB,

Since your property is designated as Condominium, your Documents should contain words that describe exactly “what” is defined as Common Areas and Elements (owned by all the Owners in Common), LIMITED (exclusive use) Common Areas and Elements, and what defines the “Unit” – in your case the “house” and apparently some property surrounding the house.

Part of the answer you are looking for may be in those words (definitions, descriptions).

Would you be willing to post those words from your Condominium Documents?

If not fully described in writing in your Declaration of CC&Rs, then you may need to view the “Site Development Plan” drawing. It might be attached to one of your Documents, but if it is, it is probably too small to read. So you may need to go to “City Hall” or wherever your “Land Record Maps” are filed, to look at a full size copy.

Just a guess on my part, but it is possible that that Site Development Plan might show an approximate location for the Security Gate Controller, etc. Also it is possible that the Plan might show the location and types of walls and fences, etc. permitted, along with the Lot Lines and the Green Spaces.

Also if City Council Review and approval, or something along those lines, was required prior to each of the houses being built, that “Report” might be another place to look.

But first, since you posted that your development was Declared a Condominium, IMO best to start with that Document.

Also just based on your postings, I wonder if you are relying “too much” on your Property Manager. What position, if any, has your Board of Directors taken on resolving “what needs to happen”, assuming that they have “tackled” the problem?

Due to underground utilities my neighborhood has metal boxes about 36in tall and 36 x 36in wide in the front yard of about every 6th or so house. The boxes were in place after the streets were done and before any house was built. I admit they are ugly, but they are what they are.

You could spend $5 on tall grass or a little more on bushes to hide the boxes. Much better than just sitting there and looking at them thinking they are ugly. Utility box hidden in here.

Well, you could get an attorney and see if the Association had the authority to actually install the control box where they did (i.e. they have an easement or own the property) or if they are trespassing.