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I live in and the community is in a homeowners association.

Good morning. I...

Good morning. I live in Virginia and the community is in a homeowners association.

Lawyer's Assistant: Has any paperwork been filed?

What is the easement law state. This association wants to keep putting signs on my yard because I live on the corner lot.

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

Virginia

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

I simply need advise on my rights and the easement issue.

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Answered in 7 minutes by:
11/16/2017
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 32,264
Experience: JA Mentor
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

An easement is a written right to use someone else's land. Usually, an easement is for travel - say if I need to cross your land to get from the public road to my own property. For the HOA to have an easement, you should know about it. If they're claiming they have one, ask them to produce it. It's only valid if there's a writing signed by you or whoever owned the property before you.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

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Customer reply replied 8 months ago
Can you please go into more detail before I go to the board with this information.

The burden is on them. There's no general right to use someone else's property. If they're saying they have one, they need to prove it.

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Customer reply replied 8 months ago
Ok thank you

Once they can show you anything that says they get to post signs on your lawn, then I may be able to give you more information. It could be somewhere buried in the bylaws. But it might not exist.

Please rate my answer positively so I get paid for the time spent answering your questions. If you're on a mobile device, you may have to scroll to the left. Thank you.

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Customer reply replied 8 months ago
There is nothing in the by laws

Then they don't have an easement.

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Customer reply replied 8 months ago
Thank you very much for your help. Have a great day.

You're welcome. You, too.

Please rate my answer positively so I get paid for the time spent answering your questions. If you're on a mobile device, you may have to scroll to the left. Thank you.

Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 32,264
Experience: JA Mentor
Verified
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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).

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