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Forums > Homeowner Association > HOA Discussions
Subject: Access & utility easements
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Author Messages
KurtC


Posts:0
07/17/2006 6:29 AM  
We obtained an access and utility easement from the adjoining lot to put in a driveway it is listed on our Warrenty Deed. The drive does not take up the entire easement. Can I landscape (bushes & flowers) along the driveway within the easement. Who maintains the easement?
RogerB
(Colorado)

Posts:4647
07/17/2006 7:02 AM  
Kurt, if the easement was for a driveway I would not add landscaping without a written agreement to do so. You should maintain the driveway.
KurtC


Posts:0
07/17/2006 8:55 AM  
Thanks. We have obviously maintained our drive and the small remaining strip of grass for 6 years. We mow about 4 passes with a pushmower. The easement is 16'x 90' x 90' triangle with drive taking up all but 5'x 90'. The new property owner of the lot where the easement lies does not maintain the remainder of the lot. It is an unimproved lot adjoining their improved lot and not visible from their home. The grass has been as high as 40" and BOD has received several complaints and are not enforcing the covenants as they agree with property owner to leave it "natural." Planting some bushes/flowers would at least screen the unsightly lot from not only my view, but the main drive street traffic. Should we not even being mowing this? The way this reads, I shouldn't have even planted grass when we were finished with the drive. Suggestion?
RogerB
(Colorado)

Posts:4647
07/17/2006 6:38 PM  
If you want to do landscaping why not get the owner's approval?
KurtC


Posts:0
07/17/2006 7:23 PM  
The new property owner wants us to remove what is already there, some grass, small bushes, mulch and flowers in a 5'x 90' strip. We offered to continue mow the remaining property beyond as we did for the previous owner (he was absentee) because people thought it was our property; this owner declined, said he would maintain it. Hasn't for 3 years. Our county doesn't have a regulation either way; our association covenants only address access/utility easements for the association. Obviously, I don't want to remove landscaping unless I have to.
WilliamT
(Arizona)

Posts:489
07/17/2006 7:35 PM  
Since it's only plants and grass, do you really have to remove it? Can't you just stop using the property?

If he is going to take over maintenance of the property then he can do what he wants with the grass and plants. I don't know if he can force it or not.

The other thing is that you are neighbors and must co-exist for an infinite amount of time. I suggest doing more talking with him to find out more about what his needs are. Express your desires, and then see if you can compromise with him.

If not, then I would suggest remove the grass and plants for the sake of remaining good neighbors.

Bill
RogerB
(Colorado)

Posts:4647
07/18/2006 6:48 AM  
Kurt, I would not remove anything. The new owner can do what they want but should be made to comply with the Covenants. I'd bet they are in violation of the Covenants and probably a city or county ordinance regarding weeds over 6 to 12 inches high. Read your Covenants and demand your board enforce them.
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Forums > Homeowner Association > HOA Discussions > Access & utility easements


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