Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
Hello! I am a licensed attorney who is admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here to see my ratings information) so all that means is that you can count on me to help today. The answer to your question is no. According to one of my most trusted sources, “Utility easements are strips of land used by utility companies to construct and maintain overhead electric, telephone and cable television lines and underground electric, water, sewer, telephone, and cable television lines.” Generally, utility easements are not inclusive of any kind of signs. Therefore, the HOA is probably going to be violating the terms of the easement. You may want to consider just writing a cease and desist letter to the HOA to explain that they are over using the easement. Lawyers use letters like these on the regular basis to enforce their client’s rights. There’s a site that I’ve used in the past where you can find a good template for a demand letter (click here). It only costs $10 and it is way cheaper than litigation.
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