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Our HOA plat has a note that says "this property is subject…

Customer Question
Our HOA plat has...

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 water, it is being paid for from three of the owners, not all owners want to tap in. We have one owner trying to stop us, saying that the HOA has to give permission. Is this true?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state the association is in?

Sequatchie Co, Tennessee

Lawyer's Assistant: Has any paperwork been filed?

Besides the note on the plat, I can't find documentation with the utility district for the easement

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

It is also listed in our covenants that there is a private 50' access and utility easement shown on the plat

Submitted: 8 months ago.Category: Real Estate Law
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Answered in 1 minute by:
9/6/2017
Real Estate Lawyer: Legal Eagle, Lawyer replied 8 months ago
Legal Eagle
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Real Estate Lawyer: Legal Eagle, Lawyer replied 8 months ago

Thank you very much for your patience. Generally, the HOA does not need to give permission in a situation like this. Also, it is typically the easement holder, and not those that are providing the easement that have to pay for the water. Therefore, it should be Lone Oak that is paying to have this water installed and not the residents. Therefore, what I would probably recommend is probably getting the easement documentation from Loan Oak and determining what the terms of the agreement say. It is entirely possible that the agreement simply says that the residence to have to pay. If this is the case, then all of the owners are going to need to pony up for that easement. What are the questions did you have for me regarding this?

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Customer reply replied 8 months ago
Lone Oak doesn't have any easement documentation when I asked them about it. I do know for sure that we will have to pay to have the water line installed. We have owners willing to do that. We just have one owner who says we have to have HOA permission before the water line is installed.
Real Estate Lawyer: Legal Eagle, Lawyer replied 8 months ago

I can see what you mean. It's very unfortunate. Is the only way that the development can get water is through Loan Oak?

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Customer reply replied 8 months ago
We do have wells, but they are poor quality, two people had wells run completely dry last summer.
Real Estate Lawyer: Legal Eagle, Lawyer replied 8 months ago

Maybe this is just a lawyer in me, but I would be very concerned if they are making the owners pay for the he's been. Usually, owners aren't responsible for paying for the easement. It is the easement holder that is responsible for paying it. If they don't have any easement documentation, then you may want to reconsider renegotiating this entire agreement. For example, many public utilities have an easement underneath people's home so that way they can provide electricity and cable. As you know, they are responsible for hiring the construction workers, laying the pipe, laying the wires coming doing all of the work that is associated with it. This is because they have an easement and the law generally does not require the owners of the property to pay anything. They just have to allow the other parties to do such a thing. Now, if this organization is the one that's going to be providing water, then they should be the ones paying for it. I don't mean to make this any more difficult than it needs to be, but it seems a little fishy to me.

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