Access Easement

I'm looking for some insight about an access easement. Our development has access easements to allow interior units to access their backyards. I don't have any issues with the section between the houses. My concern is the location of the access easement coming off the road. So if you look at the two attachments you'll see the plat shows the easement going straight through to the street. However in reality the curbs were done at an angle once you hit the parking spots. (The red lines show the easement between lots 92a and 93a on the plat layout.) So the issue is our lots are deeded and thus are private property, including our parking spots. So the issue becomes how this curb is used. The end of the curb is used weekly for trash cans, bulk trash and lawn bags. So based on the plat layout everyone is using lot 93a's private property to put trash out. How can the HOA remedy this? Thank you in advance for the help. https://imgur.com/a/wHO4F

Hi Corey ... Welcome to the Forum ...

Do your CCR’s note anything regarding trash and where to be placed?

From the Plat 92 and 93 both have 15 foot easements on the back of the lots which appears is next to potential common area and 8’ easement between the homes.

Does your trash pickup happen for each unit or is there certain areas noted in your governing documents?

@Tim - So if a fence isn't approved(which I doubt it would be given the location). Then wouldn't it be a legal matter since people are trespassing and putting trash on that homeowners property.

@Janet - Thank you. The only thing our community guidelines point out is that our trash cans must remain out of view from the front of the property unless its collection day. This is the main reason for the easement, to allow the interior units access to their backyards without going through your house. Nothing is stated about where you are to put your trash cans other than not on the sidewalks impeding the use of them. Yes pickup happens at each unit. Most interior units put their trash cans behind their cars.

@leta - I don't think fencing is an option. We have pretty strict rules about fencing. No fencing can be done past the front of the houses, and has to be strictly wood.

The issue in my point of view is the little median or curb that comes off the sidewalk at an angle. Based on the plat layout it should have been built straight out from the sidewalk. I think it all goes back to the fact that our parking spaces are considered private property since the lots shown on the plat is in our deeds. A good example is if someone where to park in one of your parking spots, you would have to call the police(Maryland law) and a tow company to take care of it yourself since they are trespassing on private property.

P.S. I don't live at either of these end units. I live in the adjacent interior unit.

I wouldn't say there is any issue with how the trash is being put there, aside from certain types of refuse sitting there for days at a time. I honestly don't even think the owner of lot 93A really even cares that trash is put there.

I agree with your other statements. It's common sense that the island would slant with the parking spaces and that there is no need to rebuild them.

However, I'll get into the real reason I posted this on here.

The owner of lot 92A is what some would call a crappy neighbor. Violates multiple by-laws and doesn't get along with those around him. Aside from his clear violations on a regular basis, him and I had some issues when I first moved in a little over a year ago about the parking spaces. So I'm on lot 91a and he used this plat layout to gain an additional foot of parking into my adjacent parking space. I've tried working with the HOA to no avail. So I intend on using his own method against him and take half of his first parking space where this access easement "should be". Thus making it impossible for him to park three vehicles on his property.

Now before you go on and call me a jerk, just realize I can get along with anyone until you do me wrong.

This all just boils down to poor planning and development. None of the islands match these plat layouts, nor does anyone's parking spots align with their property lines. Along with the incompetence of our HOA to enforce anything, this has allowed this whole situation to come about. The owner of lot 92a took advantage of this and has created a hostile environment between us. Even went as far as to threaten to rip my heart out. lol.

I don't doubt the HOA will refuse to rebuild or even add to the island. However I feel I could make a good case if I wanted to spend the time and money taking them to court and make them change these islands.