Easements

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Easements

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

Answers:

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).


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