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Easements

This Land Is My Land, this Land is Your Land – Owner Loses Ownership of Land After Denying It Was Part of His Lot

Summary The Court of Appeals of Washington held that a lot owner was barred from claiming ownership of a strip of land after representing that the land was part of the adjacent lot, building a fence along the supposed boundary, allowing the adjacent lot owner to maintain and landscape up to the fence, abandoning the […]

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Declarant Contracts, Including Easements, can be Voided

Becker Boards Summit, LLC v. Summit at Copper Square Condominium Association – 2018 WL 6695279 ( 2018 Ariz.) Issues:  The court in this case addressed two important issues: Can a Developer, before turnover, amend a Declaration to convert Common Element to Limited Common Element for the benefit of a Developer Unit? Can Developer contracts entered

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Wisconsin 2021 Senate Bill 283 – Maintenance and Repair of Private Roads

2021 Senate Bill 283 is being proposed to create Section 710.20 of the Wisconsin Statute relating to the maintenance and repair of private roads with access easements.  Essentially the bill, if passed into law, would require all persons that have a right to use a private road or driveway to contribute to the maintenance and

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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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Road Maintenance – Who Pays? (Duties under Association Documents and Case Law)

Facts A dispute arose between four condominium associations within a master association as to obligations to pay for the maintenance, repair and upkeep of a roadway easement.  The road connected the four condos and other properties.  The master deeds for each association were recorded in the 1970s.  In 2013, Plaintiff, Bayberry Group, Inc. (“Bayberry”) sought

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