Subdivision Sign Placement

Started by JohnS19 • 9 replies • 1917 views

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JohnS19 (Illinois)
Posts: 1

Posted:

I need some advise.
We would like to place a sundivision sign in the ladscape easement behind a homowners home. The homeowner will not allow us to do it claiming it's his property. Is it correct that we as a association are within our rights to place a sing in the landscape easement? If you look at how a landscape easement is defined I think it is within our rights as a association.

Has anybody had any dealings with this issue or can anybody give any advise on this subject?

JohnK3 (Pennsylvania)
Posts: 967

Posted:

Quote:

Posted By JohnS19 on 07/26/2008 11:23 AM
I need some advise.
We would like to place a sundivision sign in the ladscape easement behind a homowners home. The homeowner will not allow us to do it claiming it's his property. Is it correct that we as a association are within our rights to place a sing in the landscape easement? If you look at how a landscape easement is defined I think it is within our rights as a association.

Has anybody had any dealings with this issue or can anybody give any advise on this subject?

John,

Is this an easement granted to the HOA or simply part of your common areas? If it is an easement, your docs would probably state the purpose(s) for which the easement is allowed, which could limit your proposal. If it's part of your common areas, your Board probably has wide latitude as to possible uses, including a sign.

DonnaS (Tennessee)
Posts: 5,671

Posted:

John,
Your documents might state that the homeowner must maintain, repair and replace any easement areas.
Easements are not to be used for any purpose other than ingress and egress from one space to another space and cannot be claimed by any owner as personal property.. Someplace in your own documents, the statement on what the easement is allocated for should be written. Could be for utility boxes or just non use areas.

In my past HOA, all easements were called "utility and Preserve easements," which were designated strips along the sides of lots to allow for maintenance crews to access the rears of the lots. Fences were allowed to be installed on these easements ONLY if they could be taken down by simply removing a lock or bolt. I guess that a sign might be allowed if it is on an easement which is common property.

SusanW1 (Michigan)
Posts: 5,202

Posted:

The easements in our sub are for access to water pipes and other possible utility lines. It's one of those "grey zones."

Did you get approval from your municipality? You may have to conform with set-back and size restrictions.

Perhaps if he saw an artist's rendering of the sign, and how nicely it would be landscaped, so he would not have to look at the back of it, he will feel better.

RogerB (Colorado)
Posts: 5,067

Posted:

John,
If this is an easement, such as a utility easement, it is usually part of the homeowner's lot. If that is the case, which I am assumimg to be correct, then the homeowner has every right to say no and the association is not within their right to place a sign in the easement. However, if it is common area of the association the Board may or may not have the authority to place a sign there, depending on any stated restrictions in the Declaration concerning the use of the common area.

GeorgerwilliamsW (Indiana)
Posts: 975

Posted:

Maybe this can provide some guidance. This is what my covenants say:

"Section 2. Landscaping Easement. The Landscaping Easement shall be used for the Aesthetic and Visual enjoyment of the Owners of Lots. The landscaping and signage located with this area shall be maintained by the Association and the Association shall have an easement of ingress and egress on and over such area for the purpose of maintenance."

It is silent as to the right of the association to place a sign that this is not already existing. I would imagine that there is no right to do so.

I would suggest that the homeowners association negotiate with the property owner to see if the association can purchase the rights to install a sign. To me that seems fair and the right thing to do.

SusanW1 (Michigan)
Posts: 5,202

Posted:

The OP wants to know who OWNS the easements. If these are private roads, the HOA probably owns them, but still, that does not give them premission to erect a sign on it.

If there are public roads, then several entities (county, state, HOA, utility companies) have ingress and egress, but no one of them could erect a sign.

I doubt if there's room for a sign, anyway.

GeorgerwilliamsW (Indiana)
Posts: 975

Posted:

Quote:

Posted By SusanW1 on 07/27/2008 6:12 AM
The OP wants to know who OWNS the easements. If these are private roads, the HOA probably owns them, but still, that does not give them premission to erect a sign on it.

If there are public roads, then several entities (county, state, HOA, utility companies) have ingress and egress, but no one of them could erect a sign.

I doubt if there's room for a sign, anyway.

Could you clarify what you mean? An easement is not "owned" in the sense of property rights. An easement is granted for a specific purpose while the property owner retains ownership rights.

The question here, I believe, is whether or not a landscape easement allows for the easement holder to erect a sign.

Thanks for your thoughts.

SusanW1 (Michigan)
Posts: 5,202

Posted:

Look at the Deed, survey map or go to the county and ask for a map of the water lines - or have a survey done. That should settle all "ownership" issues. (I am talking about single homes plats in an HOA subdivision.)

KirkW1 (Texas)
Posts: 1,665

Posted:

First, an easement is not generally common property and is in fact owned by another property owner. Just as a power line easement does not give the power company ownership of the land. It does give the right to place and maintain a power line in the easement.

People are correct that you must look at the reason for the easement. If the purpose is to access common property, then no you can't place the sign there. If it is such as the section posted by another person, then your certainly can place a sign there.

People buy houses all the time without bothering to understand what they are buying. It is not unheard of for people to buy a house without owning the mineral rights and get quite upset when they discover that the owner of the rights has easement to the minerals and thus can put a well in the front yard or even excavate the house to reach what is underneath.

If the homeowner doesn't like it, then the owner should by a house without the easement.

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