Road Right of Way vs HOA Easement

[Ned Puddleman]

I live in Georgia. The road that backs up to our property had a 30 foot right of way on both sides of the road. After the 30 foot right of way there was 10 foot homeowner's association easement. The road was reclassified by the county and now has a 40 foot right of way from center of the road. Does anyone know with the additonal 10 feet of right of way does the homeowner's easement shift 10 feet or does it share the same 10 feet as the new right of way?

 

[quincy]

I live in Georgia. The road that backs up to our property had a 30 foot right of way on both sides of the road. After the 30 foot right of way there was 10 foot homeowner's association easement. The road was reclassified by the county and now has a 40 foot right of way from center of the road. Does anyone know with the additonal 10 feet of right of way does the homeowner's easement shift 10 feet or does it share the same 10 feet as the new right of way?

That is a question best asked of your homeowner’s association.

 

[FarmerJ]

Exactly what does the easement say as to its location description ? EG if the easement said it was X number of feet from the center of the road OR that it was to begin at the 30 ft mark of where the county easement ended the and the HOA claims that it shifted then you may want consult with a real estate attorney to make sure when you tell the HOA you stand firm that this easement didnt magically shift but is over lapped by the county easement Only after a real estate attorney in your area reviews the easement documents and the easement it self should you consider doing that or better yet if your attorney tells you they can not claim the easement moved then pay the attorney to draw up a letter to send to the HOA where they can do have the HOA attorney advise them. ( the answer should be in the recorded easement and thats why I suggest consulting with a attorney, since your HOA board could lie to anyone who asked and individual owners would have a bigger legal mess if the HOA decided to create projects on land they didnt have a right to do so) Use the links above to find a attorney to consult with.

 

[Stephen1]

I agree with FarmerJ that only an appropriate attorney can provide a definitive answer, but here is a different route that might we cheaper. Start with the HOA. If they believe their easement was overlapped then I would stop there. Perhaps they are wrong but even so, if they believe their easement was eaten by the county's easement then they won't be trying to use land outside of the county's easement. But if they believe the HOA's easement moved then it's time to check with an attorney.