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Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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My survey shows a fence, owned by the Home Owners Association

Customer Question

My survey shows a fence, owned by the Home Owners Association encroaching on a lot that I own. This lot was sold to me by the developer, who is still controls the HOA. I asked him what he would do to repair this issue. He said to sell the lot "as is" or go to the expense of deeding the encroachment to the HOA because it is in the sewer easement.
Need to know what my best approach to this would be.
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  TJ, Esq. replied 5 months ago.
Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions. Is the developer correct that the HOA has an easement on the section of land in question? If so, what does the easement entitle the HOA to do with the land?