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Thanks for the responses. I'm still researching answers but here's what I can tell you so far:
1. Easement grantor (Mr. A) was in/under HOA when he sold land to me and granted easement to me (1976). (details in previous post by me)
2. Covenants at formation of the HOA (1967) read: "All lots of this plat shall be used for residential, camping or recreational purposes only." [No mention of easements except utility easements reserved non-exclusively.]
3. Mr. A sold lot 3 (my access lot) in HOA to another private party at some point. (Will require a trip to courthouse to get detail.) Regardless, a private party, Mr. B, sold lot 3 back to the HOA in 2001. (I think the HOA wanted to build a water tower and the narrow lot was cheap -- speculation.) The Deed between the HOA and Mr. B reads: "SUBJECT TO: Conditions, Restrictions, Reservations, Covenants and Easements of Record."
4. The Real Estate Contract between Mr. B and the HOA in 2001 reads: "The property is subject to encumbrances including the following listed tenancies, easements, ... etc." None are listed. Looks like boilerplate only. Sounds like a defective title search.
5. I heard rumors several years ago that my "illegal" access would not allow room for the tower. Hearing this I provided a copy of my recorded easement, dates, stamps, recording numbers, seals and all, thinking this would be an end to the confusion. The President of the HOA, who happens to live next to lot 3, is the one who is most worried about my access, and keeps bringing up the validity of the easement.
Two issues complicate the picture:
My 17 acre forest has just been designated a "Stewardship Forest" by the state. It will eventually go to the Nature Conservancy. Thinking they would be happy about this resource, I gave the HOA a copy of our management plan, which includes a map of planned and existing trails, plant and wildlife species, silviculture plans (we thin once every decade anyway--logging trucks over lot 3 for a week or so) etc. In that document was mentioned the possibility of having small invited groups to help maintain trails, nature study, camping etc.
I'm confident that I won't lose access for myself, protected by prescriptive easement or laches, etc. However, I struggle with the interpretation of my "assigns" in the above context of the stewardship forest. As it is there are only 6 houses on the county road between the main highway and my driveway. Two are half a mile away, one is vacant and one is only intermittently occupied. Only two are primary residences, one being the HOA President's house. "Traffic" only worries him, not others that I am aware of.
The second issue, and the one precipitating this activity, was my request for a utility easement along an existing HOA utility easement to put overhead power underground. This is not for additional amperage, only to allow enough voltage to reach to the other side of the property (at best only 45 amps can make it that far, even with the easement). This would be across a different lot, currently owned by Freddie Mac, and would of course need to be approved by the lot owner. It's a 90 ft straight shot over unobstructed level ground. The Board nixed the idea on advice of their attorney, who offered them more explanation if they would pay him (which they didn't do). Their arguments justifying denial to me were of three types:
1. Increased traffic -- the extra 45 amps would increase the chance of big groups crossing the access easement.
2. I might use the extra 45 amps for commercial purposes, such as an auto repair shop or a bed and breakfast (that would increase traffic).
3. I have alternatives: a. multiple overhead wires (also needs utility easement, unnecessarily complex and won't come close to doing the job) b. come in from another development (over 1000 ft instead of 90 ft and also needs easement from other development)
From talking to three board members party to the discussion and decision, each was under the impression that a different lot was in question (3 board members, 3 lots), even though my written request that they were acting on had both HOA and Tax Parcel lot numbers for clarity!
As it is, those using the land are my family, uninvited HOA members, and strangers from outside the HOA. We have had 2 gates (on our land) torn down already and have now spent $4K putting another one up. There has been dumping, theft, and recently a new ATV trail cut through our property (We hate ATVs). The HOA president extended his yard into our forest until I called him on it. The VP has freely run his ATV through in the past. I have been "nice neighbor" in the past, welcoming and tolerating responsible use. I enjoy seeing the foot traffic.
The HOA's decision re the utility easement has an extremely minor effect on us. For us the bottom line is their trying to interfere with our usage of the property while the members (including officers) chronically have trespassed and abused our rights. As to the latter, in addition to the gate, I am thinking of granting access permission to the general public for a 24 hour period, then withdrawing that permission permanently except by written permission (to avoid claims of adverse possession or prescriptive access rights). Most of the neighbors are great and reasonable and I would like them to be able to enjoy this unique and valuable resource. However, it is my land and I must be able to decide how it is used and protected. I have started (nicely) turning neighbors off the land, urging them to discuss it with the HOA Board.
The more I walk through this myself, I'm thinking I should get an attorney to challenge the HOA to claim now what they think limits my access in view of the recorded easement, then challenge that claim if necessary. Their HOA President's repeated verbal claims are interfering with my enjoyment of the land.
Any suggestions would be sincerely appreciated. Thanks.