Real Estate Law

Have Real Estate Law Questions? Ask a Real Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Real Estate Law

I am the president of an HOA that consists of 10 lots with

Customer Question
homes. At the time the...
I am the president of an HOA that consists of 10 lots with homes. At the time the subdivision was platted an equestrian easement was a part of that plat and the covenants allowed for homeowners to ride on that easement without restraint.
Recently a homeowner, and I suspect another homeowner following in his tracks, have refused to open their gates on the easement and allow riders.
What can I do to compel the people to comply?
Submitted: 1 year ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 1 minute by:
9/10/2016
Real Estate Lawyer: Richard, Lawyer replied 1 year ago
Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55,791
Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
Verified

Hi! My name is ***** ***** I will be helping you today! It will take me just a few minutes to type a response to your question. Thanks for your patience!

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Richard, Lawyer replied 1 year ago

No owner can take, nor cause to be taken, any action that would deprive others, or interfere with others' enjoyment of, their easement rights. If, after you have provided written notice to the offending owners of the easement rights being hindered and the owners do not open their gates so as to not deprive you of the other owners of their easement rights, you would want to file suit against these offending owners. Interference with such an easement is a legal form of trespass. In that suit you will want to ask the judge to award both damages for the past deprivation of the full use of easement rights and an injunction prohibiting further interference with these easement rights. If they then violate the injunction and court order, they will be in contempt of court and subject to civil and/or criminal sanctions. In my experience, the mere filing of the suit itself leads to a resolution of the matter without actually having to get to the hearing. It's amazing the chilling impact being served with a summons that one is being sued does to cause them to cease and desist in their offending behavior.

Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as Good or Excellent (hopefully Excellent). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

Ask Your Own Real Estate Law Question
Ask Richard Your Own Question
Richard
Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55,791
55,791 Satisfied Customers
Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.

Richard is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

10,826 satisfied customers

16 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,657 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,367 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,899 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
I just had a property damage loss in my condo. The HOA is on
I just had a property damage loss in my condo. The HOA is on the hook for the majority of the claim. My personal insurance co paid the deductible. Since I am not the insured, the HOA is, what leverage… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,903 satisfied customers
I bought rural property that had a driveway on the plat, but
I bought rural property that had a driveway on the plat, but it is on a 20 percent grade and unusable. Can I persuade the sellers/real estate agent/title company to help fix the problem? … read more
Damien Bosco
Damien Bosco
2,990 satisfied customers
Can a Florida HOA restrict a homeowner to having only one
Can a Florida HOA restrict a homeowner to having only one type of grass in their yard ? ( St' Augustine) Hillsborough County 33559 … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Missouri homeowner files damage claim with insurance
Missouri homeowner files damage claim with insurance company, and, receives $150,000. Insurance check is written jointly to homeowner & servicer; signed by homeowner and sent to servicer for deposit. … read more
LegalGems
LegalGems
Juris Doctorate
10,163 satisfied customers
I have lived in a homeowners association in Florida. The HOA
I have lived in a homeowners association in Florida. The HOA has both long term or residential and short term sections clearly defined. I live in the short term section, we pay more than 3 times the r… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Our HOA plat has a note that says "this property is subject
Our HOA plat has a note that says "this property is subject to an unrecorded 10' wide water line easement to Lone Oak Utility District date August 4, 2003"...we are trying to allow Lone Oak to install… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,903 satisfied customers
An officer of our HOA revealed to other homeowners that I
An officer of our HOA revealed to other homeowners that I still owed an assessment fee at the neighborhood pool. Is this legal for them to discuss with homeowners that are not board members?… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,657 satisfied customers
My Hoa has a fence in utility easement which is on my
My Hoa has a fence in utility easement which is on my property. There is no mention of this fence on Platt or on my deed, and it does show as mubproperty on a survey we had on our property. Are we hel… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,657 satisfied customers
I used my homeowners insurance for damages that fell into 3
I used my homeowners insurance for damages that fell into 3 event years in a row. I was kicked out of insurance. Had to buy through the State Reinsurance plan in Rhode Island. Rate doubled. Now, a yea… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My HOA was turned over to the homeowners by the developer
My HOA was turned over to the homeowners by the developer Mid May 2017. Elections were held and a majority of the board seats were filled by the representatives of the developer. The developer has sev… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
I am having a dispute with my HOA over termite damage. I
I am having a dispute with my HOA over termite damage. I have spoke to an attorney who will write a demand letter but I don't have enough money to pursue it further if the HOA doesn't comply. Would th… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
886 satisfied customers
We have a very small HOA. Some homeowners and renters park
We have a very small HOA. Some homeowners and renters park in guest parking permanently in spite of multiple written notices of violations. It is prohibited in CC&Rs. Tow companies will not tow in our… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,657 satisfied customers
I am a homeowner of a condo in texas, can an hoa association
I am a homeowner of a condo in texas, can an hoa association stop the sale of unit over hoa dues owed, I have under contract now a cash sales fast close, they are trying to forclose, but I have a buye… read more
Ray
Ray
Lawyer
Doctoral Degree
7,367 satisfied customers
My homeowner right is denied by the HOA. What recourse do I
My homeowner right is denied by the HOA. What recourse do I have ? … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,657 satisfied customers
Can a homeowner of an HOA call a board meeting even though
Can a homeowner of an HOA call a board meeting even though they are not part of the board … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,657 satisfied customers
How is an neighbors easement shown on a plat or plan for a
How is an neighbors easement shown on a plat or plan for a zero lot line house? Does an easement have to be included in the covenants and restrictions to exist?… read more
Barrister
Barrister
Lawyer
Doctoral Degree
10,826 satisfied customers
Does a building restriction line on a plat or the HOA
Does a building restriction line on a plat or the HOA building restriction line take precedence … read more
Barrister
Barrister
Lawyer
Doctoral Degree
10,826 satisfied customers
Our homeowner association granted an egress-ingress easement
Our homeowner association granted an egress-ingress easement to the adjacent golf course 30 years ago. The golf course is now emptying water from their sand trap, which is located within that easement… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,657 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x