What Are My Rights On An HOA Easement

UPDATED: Oct 1, 2022

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What Are My Rights On An HOA Easement

Our HOA has an easement on the back of our property. The trees on the easement have grown to the point where our view is now blocked. The HOA refuses to get rid of the trees. What rights do we, as homeowners, have to get our view back?

Asked on February 12, 2018 under Real Estate Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

An easement is not ownership: it is only a right of access or use. If the HOA only has an easement, it only has the right to access and use that portion of the property, but no other rights over it. You should be able to trim back or cut down the trees, assuming that they are on land you own (i.e. part of your property), unless there is something in the HOA rules to the contrary.

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