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Dwayne B.
Dwayne B., Attorney
Category: Real Estate Law
Satisfied Customers: 33394
Experience:  Began practicing law in 1992
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I have owned a free standing townhouse in a 18 town house

Customer Question

I have owned a free standing townhouse in a 18 town house gated community for 8 years. My house is on the end with a large side yard. I have a 5 foot easement and now the head of the HOA has advise other residents that if they are unable to place their garbage cans i their garage or their back yards - they can put them at the end of the row - basically on my property which I paid an additional $10K when I purchased my town house in order to be on the corner with the largest lot and I pay taxes on this easement. The electrical meters are against the fence so they must be accessible by the utility company. Thus my fence was set back to allow the access where all other properties have their fence even with their garage front. Question - can I prevent them from coming onto my property to put their garbage cans along the fence in this easment??
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Dwayne B. replied 10 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to helping you today.

Who else, if anyone, owns 1) the property which they are "coming onto" to place the cans and 2) the easement?

Customer: replied 10 months ago.
Per my survey - the easement is labeled "5' Dedication Strip".
The property is owned by me. The easement runs the length of my side yard which part of it is behind my fence.
Customer: replied 10 months ago.
All of the other houses have their fences all the way to the front of their garages but my fence is set back to allow the utility company access to the electric meters. This is not community property but now the HOA has advised others that they can use this open property.
Customer: replied 10 months ago.
Even the town house directly across from me which also would have this 5' dedication strip has their fence all the way to the front of their garage so no one else would be able to use the 5' dedicated strip on their side yard. Only mine is not fenced all the way to the garage.
Expert:  Dwayne B. replied 10 months ago.

You can definitely keep everyone off of the property that belongs to you only and you may be able to keep them from using the easement property as well. You would need a local lawyer to review the easement you received and likely the deed to the property owners as well to make that determination.

You can put up No Trespassing signs which you can get at almost any home care store and then call the police if anyone is on the property. I will post this and then look for the statute on Criminal Trespass and provide you a link to that.

Expert:  Dwayne B. replied 10 months ago.

The Criminal trespass statutes start at Section 30.05 at this link:

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