Real Estate Law
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Hello, and welcome. I am a licensed attorney and happy to assist.
It sounds like the HOA is erring on the side of conservative caution, not wanting liability in case your plans impair of valid easement. If the land on which you intend to build belongs under the HOA umbrella as a result of your lot line adjustment, then they would have the final say and it would be up to you to convince them that your building does not interfere with avalid easement. You could do this by showing them the building plan, and it would not hurt to get a release from the utility company, since the land on which you plan to build is not currently being used. If the area in question is outside the land of governed by the HOA, they have no say and the risk and decision is yours alone. Note that if the utility company is not inclined to give your a release, you can bring an action against the company in court for 'declaratory relief' and attempt to have the easement deemed abandoned. Chances are you would be successful, given the fact the portion of the easement in question has gone unused for 60 years.
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