Easments

Started by LetA • 5 replies • 142 views

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LetA (Nevada)
Posts: 2,679

Posted:

There are some people in my community advocating for a stop sign at a center intersection of a main road
within the HOA. I was wondering what an easement would look like if I poked around a homeowners record?

There is one home that does not have a sidewalk in front of their home, but there is a stop sigh in the front yard landscaping
is and where a sidewalk would be.

One of two things "could've" happened. One, the stop sign was placed next to the curb where a sidewalk was planned and never poured.
Two, the stop sign was placed there without obtaining an official easement from the owner when the house was built. And yes, the stop
sign was there before the houses were built. Given that more that three houses on this street were built with an almost zero frontage, I
doubt there was a planned sidewalk on this side of the street.

CathyA3 (Ohio)
Posts: 6,299

Posted:

I'm not clear on what you're asking.

What kind of easement are you thinking about? Walking/driving access? Utility easements? Other maintenance easements? Right to post a sign on private property?

Are you looking at the possible existence of an easement that nobody remembers? Or suggestions on how to go about creating an easement where there currently isn't one?

LoriM15 (Florida)
Posts: 1,009

Posted:

Every survey of a property would show easements. They might also be on the original plats filed with your city or county when the development was formed. Also, there may a description of the easements in your governing documens, usually the declaration. Your association might reserve the right to put in traffic signs wherever they want.

In our community, the association owns the area between the curb and the sidewalk (and the sidewalks) but the governing documents say the owner has to maintain that area. But we reserve the right to do whatever we want there.

DouglasK1 (Florida)
Posts: 2,046

Posted:

In our subdivision, the association owns the roads and the right of way 25 feet on each side from the road centerline. This includes the sidewalks and the area between the road and sidewalk. There is no easement, the area where stop signs go is association property.

Escaped former treasurer and director of a self managed association.

DeanJ
Posts: 1,786

Posted:

Quote:

Posted By LetA on 09/19/2024 8:09 PM

There are some people in my community advocating for a stop sign at a center intersection of a main road
within the HOA. I was wondering what an easement would look like if I poked around a homeowners record?

There is one home that does not have a sidewalk in front of their home, but there is a stop sigh in the front yard landscaping
is and where a sidewalk would be.

One of two things "could've" happened. One, the stop sign was placed next to the curb where a sidewalk was planned and never poured.
Two, the stop sign was placed there without obtaining an official easement from the owner when the house was built. And yes, the stop
sign was there before the houses were built. Given that more that three houses on this street were built with an almost zero frontage, I
doubt there was a planned sidewalk on this side of the street.

A. Is thin a planned community where the homes and lots are private property and the streets are dedicated (maintained by local govt)?
B. Is this a condo community where houses, lots are maintained by an HOA and the streets are dedicated?

The local government, not the HOA, will have to place the sign. An easement is likely provided in state law or the planning documents of the community.

C. Is this a planned community where the lots and homes are private property and the streets are maintained by the HOA?
Your HOA declaration will contain easements or may have a section that allows the HOA to place signs on the owner’s lots

D. Is this a condo community where houses, lots and streets are maintained by an HOA?
The land is common areas and the HOA doesn’t need an easement.

LetA (Nevada)
Posts: 2,679

Posted:

C: I've poked around the documents and looked at the county website at the property in question and the two
adjoining properties just in case the sign was mislaid.

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