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Who has the right to walk on an easement.
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micky
Dec 1, 2022, 4:16:02 PM12/1/22
to
In a townhouse community, with walkway easements between the buildings
and behind them, who has permission to walk on the easements? Everyone
in the world, everyone who lives in the whole community of 11 buildings,
or only those who live in that building, maybe not even the houses at
the ends, just the ones who need to walk behind a building to get to
their own back yard, or for work, like mowing a back lawn or delivering
something to the back door)
This hasn't come up but what about weekend guests of a n'hood resident?
Are they allowed to walk on easements between or behind buildings?
(My next door neighbor in the next building thought the strip between
our houses was owned by the HOA, but he accepted it when I told him he
owned half. But I forgot to tell him about the part behind his fence.
The previous owner, his late father, I'm 90% sure thought the HOA owned
that** And once I start the topic, I want to know what I'm talking
about.)
**I know some of the other owners think that too. I've tried to slip the
facts into the conversations that is apparent.
I've read the documents and the HOA law, but 35 years ago. Still, I'm
pretty sure they don't go into these matters. No explanation of the word
easement.
--
I think you can tell, but just to be sure:
I am not a lawyer.
and behind them, who has permission to walk on the easements? Everyone
in the world, everyone who lives in the whole community of 11 buildings,
or only those who live in that building, maybe not even the houses at
the ends, just the ones who need to walk behind a building to get to
their own back yard, or for work, like mowing a back lawn or delivering
something to the back door)
This hasn't come up but what about weekend guests of a n'hood resident?
Are they allowed to walk on easements between or behind buildings?
(My next door neighbor in the next building thought the strip between
our houses was owned by the HOA, but he accepted it when I told him he
owned half. But I forgot to tell him about the part behind his fence.
The previous owner, his late father, I'm 90% sure thought the HOA owned
that** And once I start the topic, I want to know what I'm talking
about.)
**I know some of the other owners think that too. I've tried to slip the
facts into the conversations that is apparent.
I've read the documents and the HOA law, but 35 years ago. Still, I'm
pretty sure they don't go into these matters. No explanation of the word
easement.
--
I think you can tell, but just to be sure:
I am not a lawyer.
Roy
Dec 2, 2022, 1:20:39 AM12/2/22
to
If there is an easement then it should say the reason to them you are
permitting. In general the only the people you gave the easement to are
allowed on the property for the reason given. I have (or had) utility
easements. Only the utility company or a contractor hired by them is
allowed. If the utility is underground (power, water, etc) then they
can dig it up. If it is overhead like power then the they can bring on
trucks to serivce the cable. I have two street now to the power
company. One is for an aerial line along the boundary which allows
their trucks to service the line which is on county property. The other
is for an underground cable to a transformer near the barn.
Rick
Dec 2, 2022, 12:00:45 PM12/2/22
to
"micky" wrote in message news:dr4iohp6n5092cu7m...@4ax.com...
I think the easements are owned by the HOA, but you and all the other owners
are collectively the owners of the HOA. So unless the HOA has passed some
unusual rules prohibiting certain of its owners from only accessing certain
of its easements, I would think by default that all the owners (and whomever
they authorize) can probably access all the easements. Also, if the
townhomes are on public roads which are accessible by the public and the
roads have sidewalks, then I would think those sidewalks, even though owned
by the HOA, are also easements that can be accessed by anyone in the general
public who is allowed to use the roads.
--
are collectively the owners of the HOA. So unless the HOA has passed some
unusual rules prohibiting certain of its owners from only accessing certain
of its easements, I would think by default that all the owners (and whomever
they authorize) can probably access all the easements. Also, if the
townhomes are on public roads which are accessible by the public and the
roads have sidewalks, then I would think those sidewalks, even though owned
by the HOA, are also easements that can be accessed by anyone in the general
public who is allowed to use the roads.
--
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