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Recent Easement questions

Folks, I need a Community Association lawyer to respond to

Folks,I need a Community Association lawyer to respond to this query.While attending the September HOA meeting at the board President's home, I observed that he had recently taken over and redeveloped the Common Maintenance Area (CMA) behind his house. When I challenged him on this, he simply replied that it was his property and that the ARC chairman signed off on the changes. When I pointed out that this was not permitted, and a very serious violation of our CC&Rs, he and other attending board members seemed little concerned.This board consistently fails to document unfavorable comments in the meeting minutes and we are still awaiting release of minutes back to the May meeting. Also, board meetings are only held bi-monthly, so the next occurs in November. I view this CMA violation as egregious and cannot see how it can be exposed in a timely manner without distributing a flyer.I would like to send you a copy of the proposed flyer, along with a copy of our CC&Rs so you can verify the provisions I referenced therein. In general, I would like to know; 1) the legality of my proposed action, 2) the possible legal consequences, and 3) the appropriateness of the flyer content? I have kept the information factual and, I believe, provided reasonable commentary without personal invective.Please let me know if you can accommodate my request, and the approximate cost. Thanks very much for your help.Regards,Mark CusanoEmail:***@******.***

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

108,056 satisfied customers
We have an electrical pole (Coop states they own) in our

We have an electrical pole (Coop states they own) in our driveway that feeds 3 other neighbors. There is no easement and nothing filed with the county. We live in Birney, Montana very rural. What can we do? We have owned since 2002.

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Roger

Litigation Attorney

Doctoral Degree

33,582 satisfied customers
Are California HOA fees subject to California debt statue of

Are California HOA fees subject to California debt statue of limitation (4 years written contract) and does the statue start at the first missed payment or does each assessement start a new statute date? Does Federal collection law supersede HOA CC&R's.

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TJ, Esq.

Juris Doctor (JD)

10,846 satisfied customers
I am the servient owner of an easement, the dominant owner

I am the servient owner of an easement, the dominant owner drove by me while I was on my land, backed up, and began to video me as I worked on my property. I asked him to move on, told him he could come and go, but parking to film me was forbidden, he refused to leave. I grabbed his camera, told him to get in his car and I would return the camera. He did, I gave him the camera, and he continued to sit in his car and film me.The next day, he had me arrested for harassment. My complaint against him for trespass was dismissed.Don't I have the right to remove trespassers?

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Irwin Law

Juris Doctor JD

8,818 satisfied customers
My property is landlocked we therefore have an easement with

My property is landlocked we therefore have an easement with a road to reach it.After the recent hurricane we had to pile yard waste on a portion of the easement not blocking the road, my neighbor has threatened to sue me over that stating" that the easement is for egress and ingress only.

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J. Warren

Attorney

Doctoral Degree

4,146 satisfied customers
I need to grant a 30 foot wide easement to neighbor in

I need to grant a 30 foot wide easement to neighbor in Kansas. Land is already surveyed. Would the following description be correct for 30 feet wide 1715.90 long?The North 30 feet ofAll that part of the Northwest Quarter of Section 6.Township 14, Range 22, Johnson County,Kansas described as follows: Beginning at the Southwest corner of the Northwest Quarter of said Section 6: thence North 0 degrees 00 minutes 00 seconds West, along the West line of the Northwest Quarter of said Section 6, a distance of 1005.73 feet, to a point 1640.78 feet South of the Northwest corner of the Northwest Quarter of said Section 6: thence North 89 degrees 21 minutes 07 seconds East a distance of 1715 .90 feet: thence South 0 degrees 00 minutes 00 seconds East, parallel with the West line of the Northwest Quarter of said Section 6, a distance of 1025.30 feet, to a point on the South line of the Northwest Quarter of said Section 6: thence North 89 degrees 59 minutes 40 seconds West, along the South line of the Northwest Quarter of said Section 6, a distance of 1715.79 feet. to the point of beginning.Subject to easements, restrictions, reservations and covenants, if any now of record

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Lucy, Esq.

Juris Doctor

30,310 satisfied customers
For socrateaser to answer. other attorneys do not reply. Can

for socrateaser to answer. other attorneys do not reply. Can you also comment on exception 1, 4 and 5 on page 4. Does it mean that we are not protected against easement issues. Does it also men that we are not protected against not-collected property taxes, easements, and against issues with deed for $340,000 issued on 8/12/2012?

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37,964 satisfied customers
I own a property in Kansas City Missouri and there is an

I own a property in Kansas City Missouri and there is an easement on the North end of the property. The power lines run across this part of the property. I want to cut down some of the trees on this section of land and sell the timber. Can I do this legally or does the easement prevent me from taking down thes trees and selling them?

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

47,122 satisfied customers
I am in an HOA with 6 other homes and I have the concurrence

I am in an HOA with 6 other homes and I have the concurrence of the 6 homeowners to build a barrier wall between my home and the road in an area that the declarant approved when the home was built as a wall easement area. I have made two proposals and he will only tell me they are aesthetically inappropriate but they match the existing entry walls that are in place. We have 7 votes and he has 21 by virtue of an attached undeveloped but platted area for homes that he is trying to sell to a developer. I think he is being arbitrary and capricious and ultimately is trying to protect his interest in this other development. Do you have any ideas on what I might do?JA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: I am sorry I am in Marana ArizonaJA: Has any paperwork been filed?Customer: I have submitted two proposals to him as he is the architectural committee - just him.JA: Anything else you want the lawyer to know before I connect you?Customer: I do not think so

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

108,056 satisfied customers
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