Construction easements

Started by DebbyK1 • 4 replies • 405 views

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DebbyK1 (Georgia)
Posts: 21

Posted:

From Georgia here. I am a treasurer on our HOA board. What happens to the construction easement once the construction is done. Is it turned over to the property owners or does is become HOA common property? Our neighborhood has/had a 25 ft easement all around the whole neighborhood, 119 homes in a circle formation. I've been told once construction was over, the portion of the easement that resides in ones property becomes the HO's and that area is now added to their property taxes. I'm asking because our builder left us with a ton of dying/rotten trees & some of the HO's wants the HOA to pay to take them down. These trees are in what was once the construction easement.

Thanks - Debby

SheliaH (Indiana)
Posts: 6,964

Posted:

Do your documents say anything about this? There may also be information in the declaration and other documents that may have been filed with your county recorder's office. You could have the association attorney research this for you and then discuss options.

If this area is now part of the HOA, the board will have to decide if it will tear the trees down - and how to pay for it. Depending on the condition of your budget, this may or may not require a special assessment that homeowners will have to pay for. You might want to have an arborist take a look at what you have and make recommendations. Spoiler alert - this probably won't be cheap.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Quote:

I've been told once construction was over, the portion of the easement that resides in ones property becomes the HO's and that area is now added to their property taxes.

Typically, thats not how an easement works. Its always been the homeowners property as far as taxes go. But the easement lets another person access that property. Doesnt change anything.

Want to know what the access is or when it expires? Look at the easement that is filed with the deeds. Its a legal document.

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Another typical thing is...... the construction easement becomes the HOA easement. It doesn't disappear or discontinue. So the homewoner owns the property and pays taxes on it, but the HOA can use that 25ft easement to maintain underground power lines, sewer, water, drainage, trees, etc.... as it needs to. The easement exists to allow legal access to the utilities so the homeowner cant legally fight them.

DebbyK1 (Georgia)
Posts: 21

Posted:

Thank you for your comments

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