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property owner's rights within equestrian easement

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GaJim

Junior Member
What is the name of your state (only U.S. law)? Georgia

Of two acres in my lot, about 1 acre is in a pasture for common use of this equestrian subdivision's horses. I own the land that makes up part of the pasture. A continuous fence separates the pasture land, made up of easements from all the other lots into one large pasture.
That part of my land is called in the covenants a perpetual easement. My question is, Does an owner in this situation have any rights at all with respect to the land falling into the easement area? The covenants say that that a perpetual easement is created for the use of all the residents, their heirs, assigns, invitees and guests. In other words, people can ride their horses in the pasture, a portion of which is actually my land, and I do not wish to restrict them in any way; that's part of living here.
If, however, in accordance with the subdivision's covenants, the Property Owners' Association in agreement with the Architectural Control Committee, vote to construct a fence across my portion of the pasture against my wishes, what rights do I have to stop this, if any?
GAJimWhat is the name of your state (only U.S. law)?
 


justalayman

Senior Member
what can or cannot be done on the land should be addressed in the easement grant.

Is the easement listed as an exclusive easement possibly?
 

GaJim

Junior Member
Thank you for your reply.

There is no "easement grant" document to my knowledge.
The easement is described as "a nonexclusive perpetual easement of each and every lot in Xxxxxxxxxx." That statement appears in the covenants.
Individual owners are not allowed to place buildings or cross-fencing, or to park vehicles or horse trailers in the easement area.
Some of us want to know if we have any rights should the homeowners association wish to do something on the easement portion of our land.

Thanks for your input. I haven't been able to find anything about this issue in any website which addresses equestrian subdivisions.

GaJim
 

justalayman

Senior Member
they can only do what is allowed per the controlling documents

there should be an original document that formed the easement. It would be attached to your deed in some fashion (possibly simply by reference). That should describe the physical aspects of the easement and the allowed use of the easement. It may not be an individual grant specific to your deed but possibly a easement that was created when the subdivision was platted.


did you ever have a title search done when you purchased the property? If so, they should have discovered the easement and they would have made a mention of it in the title report.
 

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