What is the name of your state? PA
Deed restrictions establish a 5ft easement for the homeowners' assoc. along adjacent properties specifically for utilities and water drainage. When purchased, my property included a fence that was located within this 5ft easement (currently no utilities/drainage exist in this easement). As the result of a related legal case with the homeowners' association, the association now claims this to be an "open" easement (apparently due to the judges decision on the related case), and may force the removal of existing fences even if no utility/drainage exists. The fence required the assoc.'s approval (building permit approved by assoc.). By-laws mention building in easement with assoc. permission. Can they now revoke their approval and force me to move my fence out of the easement at my cost even if there are no plans to install utilities? It was also mentioned that the assoc. may not force current owners to move existing fences, but if sold the new owners would have to comply. Ultimately it still devalues my property because I would have to disclose that and most buyers would request either the fence be moved before they would buy, or I decrease the price since they would have to move it. Do they have any legal right to force the removal of my fence at my cost? I understand that the fence could be removed/destroyed IF they do need to install/maintain utilites.
Deed restrictions establish a 5ft easement for the homeowners' assoc. along adjacent properties specifically for utilities and water drainage. When purchased, my property included a fence that was located within this 5ft easement (currently no utilities/drainage exist in this easement). As the result of a related legal case with the homeowners' association, the association now claims this to be an "open" easement (apparently due to the judges decision on the related case), and may force the removal of existing fences even if no utility/drainage exists. The fence required the assoc.'s approval (building permit approved by assoc.). By-laws mention building in easement with assoc. permission. Can they now revoke their approval and force me to move my fence out of the easement at my cost even if there are no plans to install utilities? It was also mentioned that the assoc. may not force current owners to move existing fences, but if sold the new owners would have to comply. Ultimately it still devalues my property because I would have to disclose that and most buyers would request either the fence be moved before they would buy, or I decrease the price since they would have to move it. Do they have any legal right to force the removal of my fence at my cost? I understand that the fence could be removed/destroyed IF they do need to install/maintain utilites.