Easements

Started by LetA • 10 replies • 581 views

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LetA (Nevada)
Posts: 2,679

Posted:

If an HOA seeks an easement from an owner to place a traffic directional sign and the outmost edge of the property line, does that easement need to be recorded to the deed?

TimB4 (Tennessee)
Posts: 21,059

Posted:

In my opinion, yes.

There may already be a utility easement in place.

TimB4 (Tennessee)
Posts: 21,059

Posted:

If no easement currently exists, then the whole placement, etc. should go through attorneys.

Otherwise, one owner could say you can use the land and a future owner can say you can't use it.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Are the roads public or private? That makes a difference. Don't believe you can remove a Stop Sign or other traffic signs without penalty of law. Plus if there needs to be a sign installed the city/public entity needs to be involved. You can't just randomly put up a street sign. There is some more legal stuff involved with public sources.

Former HOA President

LetA (Nevada)
Posts: 2,679

Posted:

Quote:

Posted By MelissaP1 on 09/16/2020 2:41 PM
Are the roads public or private? That makes a difference. Don't believe you can remove a Stop Sign or other traffic signs without penalty of law. Plus if there needs to be a sign installed the city/public entity needs to be involved. You can't just randomly put up a street sign. There is some more legal stuff involved with public sources.

Private, gated. Adding a stop sign

GenoS (Florida)
Posts: 4,276

Posted:

Would the local/county/state traffic department have any say? Our original plan of development was rejected by the county 30 years ago because it lacked certain signage along the roads like a few "keep right" signs at the traffic islands.

LetA (Nevada)
Posts: 2,679

Posted:

I am befuddled on one issue. Since this was developed and since the first home was built, stop signs were placed in the community. some were placed along sidewalks where the plats clearly state the HOA granted easements for sidewalks making them common elements of the community. One particular stop sign was placed at the outer most edge of a homesite. There is no indication on the plats that the HOA was granted an easement to place that stop sign there. I think I would need to go to the county to do some digging, but one would think that the developer would have paced that indication on the plats.

I am just one out of two board members along with a handful of owners that are tired of one street in our community being used as a quarter mile drag strip. I feel it may help by erecting two stop signs, one in each direction. One side has a side walk the other does not.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

You have to do it legally or it is unenforceable. You can not just add a sign like stop because feel like it.

Former HOA President

JeffS31 (Virginia)
Posts: 40

Posted:

I am not a lawyer but the very definition of an easement means that it has to be recorded in the deed. Otherwise it's just a friendly agreement.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

I say private and gated you can add any signs, anywhere.

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