Get Legal Help Today
Secured with SHA-256 Encryption
We represent an HOA. There was an easement 25′ along the north end of the property when the community was built. Homeowners have been planting trees in the easement on the other side of their fence and are not maintaining them. They are now 30 feet high and growing out of control. They did not ask for permission from either the HOA or the home owner. What rights does the HOA have and do we need to pay to have it maintained?
Asked on October 8, 2019 under Real Estate Law, Washington
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 2 years ago | Contributor
First what is the easement for? If it's only for the HOA to have access across that area, this is likel;y not a violation of it. The easement can only be enforced accordigng to its terms, and anything that does not interefere with what it is for is not prohibited.
If this is violating the terms of the easement, then to enforce it, the easement holder (HOA) must take the offering property owners to court and seek a court order ("injunction") barring them from the offending act(s).
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.