LarryH17 (South Carolina)
Posts: 2
Posts: 2
Posted:
I have a entrance light pole in my front yard the HOA don’t have an easement on my property and is refusing to remove it
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light pole
Started by LarryH17 • 7 replies • 1614 views
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BruceF1 (Connecticut)
Posts: 2,535
Posts: 2,535
Posted:
Quote:
Posted By LarryH17 on 07/24/2014 1:55 PM
I have a entrance light pole in my front yard the HOA don’t have an easement on my property and is refusing to remove it
I have a entrance light pole in my front yard the HOA don’t have an easement on my property and is refusing to remove it
Do you actually own that property or is it really a "limited common element" that is jointly owned by all homeowners.
In my community, for example, the association would not have to remove a light pole in my front yard because it is a limited common element.
JohnB26 (South Carolina)
Posts: 1,001
Posts: 1,001
Posted:
then utility company (from who the light is rented/leased) probably DOES have an easement
if the issue is 'glare' at night a baffle can be installed upon request by said utility
if the issue is 'glare' at night a baffle can be installed upon request by said utility
TimB4 (Tennessee)
Posts: 21,062
Posts: 21,062
Posted:
There may be a utility easement which would allow the pole to be there.
To be sure, pull up a recent survey on your property or obtain a copy of the PLAT.
To be sure, pull up a recent survey on your property or obtain a copy of the PLAT.
TimB4 (Tennessee)
Posts: 21,062
Posts: 21,062
Posted:
Larry,
Let me also add that even if there isn't an easement, since the association is unwilling to correct the issue, you would need to take them to court. Depending on how long that light has been there, the Association may actually have an adverse possession claim.
So, was the pole recently put in or has it been there since you purchased the property?
Let me also add that even if there isn't an easement, since the association is unwilling to correct the issue, you would need to take them to court. Depending on how long that light has been there, the Association may actually have an adverse possession claim.
So, was the pole recently put in or has it been there since you purchased the property?
LarryH17 (South Carolina)
Posts: 2
Posts: 2
Posted:
Yes I own the property is file on my plat they have been trying to get me to sign a easement for the last several years when I brought the lot back in 2005 the builder don’t cut it out mistake on their part they tried to buy the house back to re survey it ……it’s a corner lot the entrance sign and what you would call common area for landscape is on my lot
TimB4 (Tennessee)
Posts: 21,062
Posts: 21,062
Posted:
Well, counter the easement with a rental contract.
CyrstalB (Maryland)
Posts: 457
Posts: 457
Posted:
Why won't you give them the easement?
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