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Easements & Right of Way

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1 Easements & Right of Way on Thu May 17, 2018 6:13 am

Marie Sumatra

Arresto Menor
I want to seek help on what to do with our subdivision. 1 of our HOA member owns 2 house/lot inside our subd. SAid 2 house and lot is under lease. Both houses A & B as per subd plan has no provision for an access. Property B is used by a compound-residents living at the back of his property & according to them its their right of way. Our subd is a private property & our plan is to enforce closure however we don't know where to start and whom to talk to. Is the owner of these 2 lots has really the right to grant access? Please advise what to do. Thank you.

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2 Re: Easements & Right of Way on Sun May 20, 2018 10:11 am


what do you mean by enforcing closure? you will build a perimeter wall? a right of way, if there is no court order, has to be consensual. the owner has the right to close it.

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3 Re: Easements & Right of Way on Thu May 24, 2018 6:16 am

Marie Sumatra

Arresto Menor
Hi, thank you for the response.
We will not enforce, the HOA will request petition. The owner of Lot B did not sought nor inform us. We understand that the lot owner has the right over his property but said Lot "B" has no "access" or "easement" for nearby residents to pass through our subdivision as per subd plan. The lot owner is also a homeowner. So wondering what would be the first step to resolve the issue. Thanks again.

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4 Re: Easements & Right of Way on Sun May 27, 2018 4:42 pm


Arresto Menor
Hopefully, you sold these 2 lots that were inside your subdivision with a DEED OF RESTRICTIONS as a title encumbrance and the restrictions should preclude a subd lot owner from granting access rights or allowing others to cross through the subdivision ? If the titles were sold without a DEED OF RESTRICTIONS which serves as a mechanism to enforce HOA membership and rules (and these rules may change over time), I personally struggle to see how you can enforce your HOA rules to prevent cross-overs into the subdivision. Good luck

DISCLAIMER: I am not a lawyer. I am only a landowner and upcoming Subd Developer.

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