• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

easement

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

H

HomeGuru

Senior Member
fubar2c said:
Allright guys another problem! I found another document that the Developer put in the covenants of my development " Locust Grove " They put that they can grant non exclusive easements over all lots for the purpose of installing maintaining utilities.
????????
Click to expand...
**A: that is customary when the developer owns the entire property (subdivision/project) Once the developer sells the parcels, they are no longer the property owner and have no rights to grant easements over the parcels unless there are provisions in the CC&R's. Have your attorney advise you.
 


F

fubar2c

Guest
Is there anything I can do? If they come to me with another easement granted by the developer to come through my land can I fight it ? Do they have to give me time to see if the next easement is legal ? What can I do!!
 
H

HomeGuru

Senior Member
Re: Re: easement

Originally posted twice by HomeGuru.

**A: possibly, but you need to have a real estate attorney review all the pertinent documents.
 
F

fubar2c

Guest
One more thing guys if my Development is turnded over to the HOA does can the developer still enforce the CC&R`s or does the HOA ?
 
H

HomeGuru

Senior Member
fubar2c said:
One more thing guys if my Development is turnded over to the HOA does can the developer still enforce the CC&R`s or does the HOA ?
Click to expand...
**A: the HOA but it appears that the developer reserved some rights such as with the easement issue.
 
F

fubar2c

Guest
Over the long weekend I was doing some research and found out that the Developer signed over the rights to the CC&Rs and all control of my section to the HOA so he could get his bond released from the town. Can they still issue an unrestricted easement for this property since they have no control?
 
H

HomeGuru

Senior Member
fubar2c said:
Over the long weekend I was doing some research and found out that the Developer signed over the rights to the CC&Rs and all control of my section to the HOA so he could get his bond released from the town. Can they still issue an unrestricted easement for this property since they have no control?
Click to expand...
**A: then that changes things. Have your attorney review all docs.
 
You must log in or register to reply here.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top