common easement

This is a excellent question. I hope someone from Colorado has the correct answer for you. So much depends upon state law. And so much depends upon how the easement is granted in the recorded deed.

Just for illumination, here is what our covenants in Hoosierland say about the issue:

"Section 2. Right of Enjoyment. Every Owner shall have a non-exclusive right and easement of enjoyment in and to the Common Area limited, however, to and for the uses and purposes for which any portion of the Common Area is designed and intended. Such right and easement shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions:

A. The right of the Association to pass reasonable rules, with respect to the Common Area, for the health, comfort, safety and welfare of persons using the same;"

Since it is a private road, the association board has the privilege and right to make reasonable rules for access. But the covenants that go with your property may specify that all roads are open to all owners.

But what about delivery and service vehicles? What about guests? What about emergency services?

I would suggest that you ask the board for the specific rule which specifies what is an acceptable use before doing anything else.

Hope this is somewhat helpful. Others ought to chime in as well.

Sally,

If this is a public road it cannot be gated. If it is a private road (owned by the HOA) then it can be gated; however, all property owners in the HOA should have access to their property behind the gate.

Many, many years ago, I lived on a private road in a rural area of N. VA. The road was owned by one of the property owners who granted an easement to all the property owners living on either side of the road. In effect, the owner of the road could have put a gate at the beginning of it but would have had to provide access to all the property owners because they were granted an easement in their deeds.

Hope this helps to answer your question.

Sally,

You may want to contact the fire department concerning the unofficial gate keeper changing the locks so the combination doesn't work. If said person locks out the fire trucks, then they could be thrown in jail on top of huge loss in a suit.

Glen,

I suspect this is a tongue in cheek thought. I did smile when I read it. Of course, this would be the entirely wrong way to assert one's rights.

Humor is good. Just want to be sure people don't take you too literally.

Ouch!!!

the reason we have the comb.is that one of the people on that road put their own lock on.then gave it to people at a meeting.it at any time can get locked out.the peoople fighting this want us to ask permission before we go thru.i have no proplem asking permission if i need to,with this i see no need.

thank you thats pretty much what i needed to hear.the association owns the road.the easement defination states:for the use and benifit of lot owners.that is written and recorded on the land plat.the one exception is the forest service,and the u.s.govenment can also use the road.in case of fire or what ever.in 1984 the land was owned by another person,the FS asked if they could use this road(it was just a 2 track dirt road) to access public land,yes they can, so they drew up papers that stated soley for FS and US gov.not the public.land was sold 1996 to developer they made the road as is today, road base,graded ,they made a real road.they also included the recorded FS paper.and that is what 2 people are trying to say that it is only for the FS.when it is for lot owners and FS but not for the general public.i really hope i did't confuse anyone

thank you everyone that responded to my question. i learned alot.maybe i should tell the people in our association about to guys they could learn alot.

i don't understand what you mean by "if the platting is held by the hoa."

thank you,that is what we are using.ours is 2 pages.showing pins easements cul-ed sac etc,the second page is all legal descrisions,easement defination.it shows the road starting at a CR and ending at national forest.i reread what you said "where property lines END"thats the problem they seem to think their line ends at the beginning of the property.

As one of the landowners on this road, I would like to add clarity. The gate referred to is a Red Forest Service administrative use only gate. We own the property the road lies on, we are the easement holders. We have granted easements to the Forest Service and our Landowners association. They do not own the roads period. The LOA has an easement for snow removal and road maintenance only. The Forest service has an easement over our property for administrative purposes only. The Forest service has made it very clear to everyone in the association that there is no blockage to public lands and no access through that gate for anyone except Forest service employees. We can't even use it. The lock on it is theirs. This has been going on for at least twelve years. Shows you not to believe everything people post on the Internet.