Easement on Canal - Eroded

Started by MelanieW2 • 2 replies • 537 views

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MelanieW2 (North Carolina)
Posts: 1

Posted:

We live in an HOA and in the covenants it states "there is reserved for hoa a perpetual easement of a width of 5' over and across all lots adjacent to any lake, pond or canal within the subdivision for the purpose of maintaining the said lakes, ponds canals; and this 5 foot strip shall be available to all property owners for the purpose of use of the lake, pond or canal for fishing or boating."

The association has not maintained the shoreline with any type of rip rap or erosion control. Now the bank has eroded into our land 10'. I am assuming the 5' mentioned in the covenants is from the original property line. This would mean the access is not longer accessible by land. Also if someone were injured on that piece of my property would I be liable?

SheliaH (Indiana)
Posts: 6,964

Posted:

That's a legal question you need to run by a private attorney and possibly something for your insurance company to address.

And have you discussed this with the board? If so, what was the response - it may be it'll cost a considerable amount of money to fix and maintain, which you association may not have for several reasons (starting with assessments being too low)

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

GeorgeS21 (Florida)
Posts: 3,808

Posted:

There is a large body of law related to waterways and erosion.

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