Maintenance easement (real estate, HOA, attorney)

[waghaala]

While going through the documents provided by a homebuilder there is a note that says 'HOA Access and Maintenance Easement' on the plot . What does that exactly mean? Will it allow anyone from HOA to access the plot/property? What does one stand to lose in buying such lot/house on that lot?

[QuickJoin]

Yes, the HOA would be able to access, but in regards to whatever they are maintaining. Wall or fence possibly. It's still your property, but need to be more specific about the exact spot of the easement, and it's purpose. Easements aren't uncommon, just understand where they are, who, and why.

[waghaala]

Thanks QuickJoin, the 'easement' is at the rear of the plot and runs across the entire breadth of the lot. The actual length of the easement is not mentioned, it says 'variable'.


There is a fence that separates the plot and the trees behind it (wooded areas or trees prevention areas). So it seems from your statements, that although one is responsible for its maintenance because it is on the plot, access needs to be given to HOA members or the assigned maintenance contractors through the property.


Wondering if it does create a lot of nuisance, one would imagine they might visit only occasionally if they have to maintain the wooded areas /trees or have some other "maintenance" work, maybe? Just worried it shouldn't be like a big truck rolling there because they have specified 'variable length' for the easement and that or any other small vehicle would damage the grass/sod on the plot. In such a case is the HOA also responsible to restore the area to its original form?

[BC1960]

Originally Posted by waghaala

Thanks QuickJoin, the 'easement' is at the rear of the plot and runs across the entire breadth of the lot. The actual length of the easement is not mentioned, it says 'variable'.


There is a fence that separates the plot and the trees behind it (wooded areas or trees prevention areas). So it seems from your statements, that although one is responsible for its maintenance because it is on the plot, access needs to be given to HOA members or the assigned maintenance contractors through the property.


Wondering if it does create a lot of nuisance, one would imagine they might visit only occasionally if they have to maintain the wooded areas /trees or have some other "maintenance" work, maybe? Just worried it shouldn't be like a big truck rolling there because they have specified 'variable length' for the easement and that or any other small vehicle would damage the grass/sod on the plot. In such a case is the HOA also responsible to restore the area to its original form?

Those are questions that should be asked of the builder/developer, the HOA, and most importantly, a real estate attorney.

[JONOV]

Originally Posted by waghaala

Thanks QuickJoin, the 'easement' is at the rear of the plot and runs across the entire breadth of the lot. The actual length of the easement is not mentioned, it says 'variable'.


There is a fence that separates the plot and the trees behind it (wooded areas or trees prevention areas). So it seems from your statements, that although one is responsible for its maintenance because it is on the plot, access needs to be given to HOA members or the assigned maintenance contractors through the property.


Wondering if it does create a lot of nuisance, one would imagine they might visit only occasionally if they have to maintain the wooded areas /trees or have some other "maintenance" work, maybe? Just worried it shouldn't be like a big truck rolling there because they have specified 'variable length' for the easement and that or any other small vehicle would damage the grass/sod on the plot. In such a case is the HOA also responsible to restore the area to its original form?

Is it a "common" fence that is shared by everyone with a lot backing up to the plot of trees? If so, it's likely that the easment is as much to get in there and paint/maintain the fence as it is the woodlot behind it. Otherwise, I can't see what would be required of a wooded lot as far as maintenance outside of cleaning up for a big storm.

I think your overthinking it. I don't think there is much difference between an HOA's maintenance easement and the easement that people commonly have for natural gas, sewer, etc...

[waghaala]

Originally Posted by BC1960

Those are questions that should be asked of the builder/developer, the HOA, and most importantly, a real estate attorney.

OK sure, I will ask them as well. Wanted to see if someone had this kind of experience and that I could learn from that

[waghaala]

Originally Posted by JONOV

Is it a "common" fence that is shared by everyone with a lot backing up to the plot of trees? If so, it's likely that the easment is as much to get in there and paint/maintain the fence as it is the woodlot behind it. Otherwise, I can't see what would be required of a wooded lot as far as maintenance outside of cleaning up for a big storm.

Yes, that's correct, this fence would be common for about 3-4 plots as such which would have the woods at the back of the lots/house. The 'variable width' word in the document was the one to cause the worry, as long as its only for minor instances and that there is no vehicular traffic there, then it would be okay


Thanks.

[Jkgourmet]

Originally Posted by BC1960

Those are questions that should be asked of the builder/developer, the HOA, and most importantly, a real estate attorney.

Ask in an email. Telephone or face to face conversations have no place in this issue.

[BC1960]

I've never heard of a "variable width" easement, except as related to a drainage easement. An access easement should have specific dimensions. All the more reason to talk to an expert.

[twingles]

Originally Posted by JONOV

I

I think your overthinking it. I don't think there is much difference between an HOA's maintenance easement and the easement that people commonly have for natural gas, sewer, etc...

Agree, have the exact same situation but the easement is a town easement and they come every few years to clean out the dry creek bed that is behind our fence.

You'll want to make sure if there is a fence back there is does not encroach on the easement since they can remove it if they need to.

The only problem with had last time they came to clean was a family of turtles ended up in our yard and terrorized our dog LOL.