Ownership/Liability of an Easement

[RusBurgess]

What is the name of your state (only U.S. law)? New Mexico

There is an easement to a golf course that allows pedestrians and golf carts access to the greens. The easement is situated between two different Home Owner Associations here in Albuquerque, Bernalillo County, New Mexico. One HOA claims people from the other HOA cannot use the easement between the two communities because of liability issues. Can one HOA claim ownership of the easement? Isn’t the easement for the golf course? Who is liable if someone gets hurt on the easement?

 

[HomeGuru]

What is the name of your state (only U.S. law)? New Mexico

There is an easement to a golf course that allows pedestrians and golf carts access to the greens. The easement is situated between two different Home Owner Associations here in Albuquerque, Bernalillo County, New Mexico. One HOA claims people from the other HOA cannot use the easement between the two communities because of liability issues. Can one HOA claim ownership of the easement? Isn’t the easement for the golf course? Who is liable if someone gets hurt on the easement?

**A: you need to read the recorded easement agreement.