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Attorney 1
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Category: Real Estate Law
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A landowner has put up a gate that stops others in the subdivision

Customer Question

A landowner has put up a gate that stops others in the subdivision from walking the road up to her, as well as 3 other property owners, land. We all have to pay fees for road maintainable. Should we be able to walk that road even though our property doesn't abutt the road.
JA: Thanks. Can you give me any more details about your issue?
Customer: The covenants say " Non- exclusive road right of way and utilities easements are reserved on all roads in the subdivision
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Submitted: 8 months ago.
Category: Real Estate Law
Customer: replied 8 months ago.
The covenant also states "This reservation is made for the benefit of the Grantors/Developers,their heirs and assigns, for ingress, egress, and regress to all lots in the subdivision.....shall pay to the POA an annual fee for maintainable and upkeep of road within subdivision.
Customer: replied 8 months ago.
The mountain subdivision was developed in 1993 and the gate was put up several years ago.
Expert:  Attorney 1 replied 8 months ago.
Hello, and welcome. I am a licensed attorney and happy to assist. This is a good question, and I'm glad you asked. The portion of the covenants you quoted seem to reserve rights for the association and necessary utility easements, but do not necessarily indicate that all persons have use of all roads. That can certainly be argued, however, and is probably the Association's intent. Even if the covenants do not expressly reserve right of access to other homeowners, it would be against the Association's best interest to allow the gate to remain. That's because the offending homeownr is effectively claiming that portion of the community for himself/herself, though it is truly common area and not a private road. If the association takes no action for a statutorily prescribed period of time, that portion of the road could, indeed, belong entirely to that homeowner, appropriating the property from the community, increasing that homeowner's property value unfairly, and potentially diminishing the value of other homeowners property. And then there's the issue of maintenance. I would think a complaint and explanation to the Board would get rid of the gate or result in issuance of a notice that all community residents can walk on the road. If the road is part of the common area within the development, rather than the homeowner's private property, other residents have the right to use it. If the road is private property of this homeowner, let me know and we can discuss possible alternative solutions. I hope this helps. If you need additional information or clarification, just let me know. If I have addressed your issue and/or pointed you in a positive direction, please let me know that, as well. Also, please remember to leave a positive rating when prompted, as that is the only way attorneys on this site are credited for the help we provide​. Good luck! Best,Attorney 1
Expert:  Attorney 1 replied 7 months ago.
Please let me know if there's anything else I can do for you. I'm here to help. Best,Attorney 1

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