What is the name of your state?Florida
I live in a subdivision with a home owners association that owns a wooden fence that runs behind my house. I just found out that there is a 10' private fence easement along the back of my lot, I was told the 10' easement was a utility easement. The fence is at the far end of the lot and needs to be repaired or replaced. The county put a chainlink fence in about 8" from the wooden fence making it impossible to maintain. There is talk of the HOA moving the fence in 10', which would be 1/2 of my back yard. I talked to the county about the private fence easement and they say the easement should be defined in our HOA CC&R but the easement is not defined. Since it is not defined can the HOA still move the fence or can it be defined as a maintenance easement only?
I live in a subdivision with a home owners association that owns a wooden fence that runs behind my house. I just found out that there is a 10' private fence easement along the back of my lot, I was told the 10' easement was a utility easement. The fence is at the far end of the lot and needs to be repaired or replaced. The county put a chainlink fence in about 8" from the wooden fence making it impossible to maintain. There is talk of the HOA moving the fence in 10', which would be 1/2 of my back yard. I talked to the county about the private fence easement and they say the easement should be defined in our HOA CC&R but the easement is not defined. Since it is not defined can the HOA still move the fence or can it be defined as a maintenance easement only?