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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 113544
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I am part owner of Triple Creek Subdvsn near Murphy, NC. Lot

Customer Question

I am part owner of Triple Creek Subdvsn near Murphy, NC. Lot 12 borders 'The Summit'which has horrific roads - barely passable - while ours are paved. Lot 12 owner just sold to someone in the 'Summit' whose home is near that lot - telling them they could cut a road across Lot 12 & connect to Triple Creek roads - also that they can tap into the well (Triple Creek community well) that happens to be on Lot 12. These folks (Summit couple) have already placed a pump & covering on that well. I paid thousands for these wells - never dreaming that another subdivision dweller could or would tap into our wells & paved roads. To add another layer - Lot 12 owner is in cahoots w/HOA officers who pay no attention to TC bylaws. Can you help?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If the HOA is not enforcing the subdivision bylaws and covenants and the HOA did not authorize another subdivision rights to water and roads, then your recourse at this point would be to file a petition for declaratory judgment and seek to take your HOA and owner of lot*****to get a determination and injunction to stop them from doing so and to have the court order that it is against the covenants.
The court will intervene to order the HOA to enforce their covenants. This may mean though that the HOA can go back and put a vote to the members to grant a servitude or easement to the other subdivision for the wells and the roads and charge them for the use or the rights.

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