land

Started by JC3 • 2 replies • 1459 views

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JC3
Posts: 290

Posted:

our HOA corporation owns common areas. Some notations include:
public utility, pedestrian easement, common area, open space, and easement to the city.
Are these easements, common areas, and open spaces public property to the world, or just to the owners and guests of the HOA corporation?

JosephW (Michigan)
Posts: 882

Posted:

Could be all of the above. The utility easement allows utilities to put lines or pipes in or above it. The pedestrian easement "could" be to allow anyone to use it to cross through part of the association. However, generally common areas, unless a public easement has been created, is for the owners and their guests. You'll have to check the local law to see what a "pedestrian easement" means. These are usually established when the association sits between a normal public area (road, sidewalk) and another public area (shoreline, park).

Joe

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JC3
Posts: 290

Posted:

Quote:

Posted By JosephW on 12/09/2007 10:22 AM
Could be all of the above. The utility easement allows utilities to put lines or pipes in or above it.

Yes, so the utility workers have access.

Quote:

The pedestrian easement "could" be to allow anyone to use it to cross through part of the association. However, generally common areas, unless a public easement has been created, is for the owners and their guests.

The city owns our streets. Our sidewalk areas are both public utility and pedestrian easements and can be stepped onto from the public streets. I dopn't think there are any pedestrian easements other than sidewalks--none through commmon areas, for instance.

Quote:

You'll have to check the local law to see what a "pedestrian easement" means. These are usually established when the association sits between a normal public area (road, sidewalk) and another public area (shoreline, park).

All sidewalks are within the subdivision. Two sides have roads, the other two are private property.

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