Easement rights

[BFJONES920]

What is the name of your state?Wisconsin
I live in a Home owner Association and the member of the Association are wanting to Disslove. The problem is that there are several properties to sell off that have easements that go behind all the owners properties. The easements contants electic, cable, phone and gas line. When the Association was founded 30 years ago all the easements where sold to the Association for a dollar. The questions that are coming up now are Can we make the home owners take the easement if they do not want it? What happens to any of the plantings on that easement (i.e. Trees and Bushes) if the easement is sold to a different owner? If there are fences on the easements now and there was no agreement between the Association and the Homeowner who has the right to the fence? There are no squartter's rights filed for any of this property.

 

[Florid-aise]

What is the name of your state?Wisconsin
I live in a Home owner Association and the member of the Association are wanting to Disslove. The problem is that there are several properties to sell off that have easements that go behind all the owners properties. The easements contants electic, cable, phone and gas line. When the Association was founded 30 years ago all the easements where sold to the Association for a dollar. The questions that are coming up now are Can we make the home owners take the easement if they do not want it? What happens to any of the plantings on that easement (i.e. Trees and Bushes) if the easement is sold to a different owner? If there are fences on the easements now and there was no agreement between the Association and the Homeowner who has the right to the fence? There are no squartter's rights filed for any of this property.

I do not know the first thing about WI law in this case. So I am hopeful that someone more knowledgeable fills-in the general gaps.

Ordinarily, a recorded instrument regarding the easement will defeat instantly any attempt at a "squatter's rights" claim.

The owner's of the property own any fences thereon. If any fences appear on or within the easement boundaries, my guess is that there should be no fences permitted. Don't know that for sure.

The easement of the HOA as a document, should be able to be conveyed to who the HOA conveys such a document.

Speaking of documents. The questions you ask, certainly beg all documents be examined by an attorney.