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Road Easement

  • Thread starter Thread starter HOA Pres
  • Start date Start date

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HOA Pres

Guest
I'm the HOA President of a mountain community in Colorado.
Approx 30 Homeowners travel on a dirt road to get home. The person who owns the first property on the road (about 1/4 mile on either side of the road) has forbid the Home Owners Association from grading and maintaining 'her' portion of the road.
-Claims it causes too much dust or something-
My understanding is that since the road is the only access to these other homes, and the fact that some the other homes have been on this road since the 1920's - means that there is an easement that has been grandfathered in.
The county won't give us a definate answer as to whether or not a legal easement exists.
Do we have the right to grade and maintain this portion of our road (and thus prevent wear and tear $$$ to our vehicles) ???

I'm having a hard time getting a straight answer from ANY government agency. - Any help would be appreciated!

Thanks!
 


HomeGuru

Senior Member
The HOA needs to hire its own attorney to review applicable documentsand project history, then send the lady a nice letter explaining that a prescriptive easement has been created and the HOA will pave the road etc.
 

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