How is ‘common property’ specified?

UPDATED: Oct 1, 2022

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How is ‘common property’ specified?

Is it only through your deed? My homeowners’ association feels that common property is anywhere they choose it to be. All our deeds are fee simple, with Lot and Block delineations, and without any mention of common property or any percentage of other ownership. Aside from

allowing for utility access, are they legally permitted to do whatever they want?

Asked on August 9, 2018 under Real Estate Law, Oregon


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If it is on YOUR deed, without any easement, then it is YOUR property, not common property. Common property is property owned by the community or at least which can be used by any member of the community (e.g. roads, sidewalks). Anything which is owned solely you and which you have the right to generally exclude people from (e.g. your yard, your front walk, your home) is not common property. The terms says it all: common property has common ownership and/or use.

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 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.

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