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Message
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Subject:
Re: Who's Responsible?
Author:
Joe Supulski
Posted:
8/31/2001
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I appreciate Mike's coments because they filled in the far too many simplistic gaps I left in my initial answer.
A brief anecdote:
I was once upon a time the president or a homeowner's association for a 70 unit townhouse development.
Part of the 'common property' easement the association maintained ( and thus under my jurisdiction and CEO of the corporation) were the upkeep of several retaining walls.
Long story short, said walls began to crumble. Although they were the exclusive responsibility of the Associatiuon to repair, they bisected 10 privately held properties.
In order to repair and replace the walls, I neede to obtain 10 private owner's signature's to anagreement to disturb their land to repair common property.
Though the repair project went well, and everyone in the development was happy, mre than 2 years after the fact the Association was confronted by the water company who ALSO maintained an easement through this area.
They were irate because the original retaining walls were at 8 feet,we (association) chose to rebuild walls to only 4 feet, slope the land and landscape to save money.
Water company was POd because the depth of their pipes was affected by the new slope leaving their pipes less than the required 40" or so for frost purposes.
WHO KNEW?
Utility easement did not appear on ay Assocaition documents nor the developer's declaration.
The easement was part of STATE LAW governing utilities.
There were no serious repercussions but the point was that any subsequent excavations always included out State's 'One Call' service which located utilties and their easements before any work could begin.
Mike's Point is well taken...and the moral of the story is that even if your deed, or your development's deed, or developer's declaration, or subdivision's legal documents DO NOT spell out or even idicate an easement....It does not mean, necessarily, that an easement does not exist.
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