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Condo | HOA Lawyers

Easement Rights

HOAs Unite! Developer’s Easement Rights are Not Never-Ending

Developers of condominium communities and HOAs often reserve access easement rights within the Declaration/Deed Restrictions for the subdivision, especially when the Developer owns yet-undeveloped neighboring property. But what happens if the Developer forgets to reserve such easement rights specifically within the Declaration or Deed Restrictions? A recent case explores this dilemma, and at least in […]

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Implied Easements – Can You Prohibit a Neighboring Property Owner from Changing the Use of its Property?

Facts This case involved a dispute between the owner/operator of a golf course and the owners of adjacent property in a residential community.  Originally all the land was owned by one entity, that then sold lots overlooking the golf course at a premium.  The deed for the property in the residential community described the property

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