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does common element = property line?

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c georges

Junior Member
What is the name of your state? Hawaii
The developer figuratively divided the length of a very long driveway on a hill creating a common element for each side for two seperate cpr's.
Is the mdline a property line so that accidentally crossing it constitutes trespassing and therefore involves the police and all that comes with that? This is important because my common cpr neighbor doesn't share our half and runs out to position her car to block us and then she chooses that time to refuse to "trespass" over the line of her friend and if we try to use the other side, or the other common element to get out then they call the police for trespassing. Please help us and thank you for your response, Cindi
 


seniorjudge

Senior Member
c georges said:
What is the name of your state? Hawaii
The developer figuratively divided the length of a very long driveway on a hill creating a common element for each side for two seperate cpr's.
Is the mdline a property line so that accidentally crossing it constitutes trespassing and therefore involves the police and all that comes with that? This is important because my common cpr neighbor doesn't share our half and runs out to position her car to block us and then she chooses that time to refuse to "trespass" over the line of her friend and if we try to use the other side, or the other common element to get out then they call the police for trespassing. Please help us and thank you for your response, Cindi


Q: Is the mdline a property line so that accidentally crossing it constitutes trespassing and therefore involves the police and all that comes with that?

A: What do the CCRs say? What does the plat say? What does the survey say?
 

c georges

Junior Member
midline from 2 common elements

There is a map which shows the common element areas by area only and not by length or width, a survey plat was done by the developer early on but not followed by the builder at all, and bylaws don't address anything but that each side should maintain it. What are CCR's? Bylaws? This situation is wierd because it is a cpr of two homes dotted down here. Our board has 2 members...there is not a single other document in any other department in town to help.
 

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