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Attorney 1
Attorney 1, Attorney
Category: Real Estate Law
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I bought a piece of land in front of me that was non-HOA,

Customer Question

I bought a piece of land in front of me that was non-HOA, did a lot line adjustment, and brought part of the land into my HOA lot, going from 1.5 acres to almost 4. I have a much bigger building area, and want to put an art studio on the very edge of the building area because of the view. I now have the HOA trying to control my building, saying I can’t increase my building area due to a public utility easement that is not where I am building, but crosses my lot in the new building envelope. I have checked with the county, and they say they don’t believe the utility easement is the HOA’s but the state’s, and since it hasn’t been developed in over 60 years, there is little chance there is a problem with running my water, electricity, and connecting to my existing septic field.What are your thoughts on this?Thanks,
AV
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Attorney 1 replied 1 year ago.

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.

I hope this helps. If you need additional information or clarification, just let me know and I'll be happy to continue to provide assistance. If I have addressed your issue, please remember to leave a positive rating when prompted.

Good luck!

Best,

Attorney 1

Expert:  Attorney 1 replied 1 year ago.

Please let me know if there's anything else I can do for you. If I have addressed your issue, please remember to leave a positive rating when prompted, as that is the only way attorneys on this site are credited for the help provided.

Best,

Attorney 1

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