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HOA/property encroachment issue

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kellym29

Junior Member
What is the name of your state? Georgia

Thanks in advance to anyone who can give me some advice!

My husband and I bought our home in this brand-new subdivision two years ago. Our only amenity in this neighborhood is a nature trail that runs throughout the neighborhood. Long story short, the trail encroaches on our property, as well as the properties of about 20 other neighbors, out of 54 homes in the subdivision. We noticed it before closing, but just assumed since it was that way for all our surrounding neighbors, that we would be responsible for taking care of our portion of the trail. We found out later that that isn't so. The HOA is supposed to maintain the trail but can't because some of it is private property. They sought the help of a real estate attorney and almost had an agreement worked out, in which the builder was going to move the trail where possible and pay the rest of us some money to give easements to the HOA where it wasn't possible to move it (we would have been one of the easement situations), allowing them to legally take care of it and maintain it. In the midst of this back and forth correspondence, a new board was elected in our neighborhood. The new group of board members (a "clique" of certain people) didn't think it was fair that some of us were "getting paid" and stopped that action. Now, they aren't even using an attorney anymore and have been going back and forth with the builder for almost a year, to no avail, trying to get the issue resolved by another means.

My question: Is it time for me and my husband to get our own attorney? I'm not even sure at this point who to go after...the builder, the county who wrongingly approved the survey (or so the builder says), the HOA for screwing everything up when it was almost resolved? Or, would it be safe to just post a "no trepassing" sign on our part of the trail and let it be?

This is a VERY abbreviated version of the situation, so if anyone needs more info before giving advice, I'll understand.

Kelly M.
[email protected]
 


S

seniorjudge

Guest
kellym29 said:
What is the name of your state? Georgia

Thanks in advance to anyone who can give me some advice!

My husband and I bought our home in this brand-new subdivision two years ago. Our only amenity in this neighborhood is a nature trail that runs throughout the neighborhood. Long story short, the trail encroaches on our property, as well as the properties of about 20 other neighbors, out of 54 homes in the subdivision. We noticed it before closing, but just assumed since it was that way for all our surrounding neighbors, that we would be responsible for taking care of our portion of the trail. We found out later that that isn't so. The HOA is supposed to maintain the trail but can't because some of it is private property. They sought the help of a real estate attorney and almost had an agreement worked out, in which the builder was going to move the trail where possible and pay the rest of us some money to give easements to the HOA where it wasn't possible to move it (we would have been one of the easement situations), allowing them to legally take care of it and maintain it. In the midst of this back and forth correspondence, a new board was elected in our neighborhood. The new group of board members (a "clique" of certain people) didn't think it was fair that some of us were "getting paid" and stopped that action. Now, they aren't even using an attorney anymore and have been going back and forth with the builder for almost a year, to no avail, trying to get the issue resolved by another means.

My question: Is it time for me and my husband to get our own attorney? I'm not even sure at this point who to go after...the builder, the county who wrongingly approved the survey (or so the builder says), the HOA for screwing everything up when it was almost resolved? Or, would it be safe to just post a "no trepassing" sign on our part of the trail and let it be?

This is a VERY abbreviated version of the situation, so if anyone needs more info before giving advice, I'll understand.

Kelly M.
[email protected]

We noticed it before closing, but just assumed since it was that way for all our surrounding neighbors, that we would be responsible for taking care of our portion of the trail. We found out later that that isn't so.

Are you asking what you can do about an easement you noticed on your property before you bought it but did not ask about?
 

kellym29

Junior Member
No, there is no easement. That was just one of the options that the old HOA board was trying to get done, but it didn't happen.

What I am asking is what we should do at this point, if anything. The nature trail is on our private property and is not supposed to be there. Even a representative from the builder said it was illegal to be this way. Is it safe for us to just leave it like this, having people walk on it, or should we put up a "no trepassing" sign, or should we go farther and hire a lawyer?
 

Shel77

Member
Put up the signs; if there is no easment and it is on your property. If anyone gets upset tell them you would be held responsible if someone got hurt so there will no longer be a trail on YOUR land until if and when things get straightened out.
 

Shel77

Member
Sorry; as far as getting a lawyer if you can afford it I would get some advice especially if you think these signs and not allowing access is going to be a big issue. Since there is no easment could you put up a fence? Fences can solve lots of tresspassing problems.
 

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