• Who has the right to walk on an easement.

    From micky@21:1/5 to All on Thu Dec 1 13:15:58 2022
    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.

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  • From Roy@21:1/5 to micky on Thu Dec 1 22:20:35 2022
    On 12/1/2022 1:15 PM, micky wrote:
    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.


    If the HOA owns it then then they control who can be on it.

    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.

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  • From Rick@21:1/5 to micky on Fri Dec 2 09:00:42 2022
    "micky" wrote in message news:dr4iohp6n5092cu7m93som5jfsk5q9h2ho@4ax.com...

    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 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.

    --

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