Utility Easement

[CrueChief]

Just some more .02 get it in writing from the HOA that it is ok for you to have your fence on the common area as they might not care now but a few years from now when different people are running it. They may have a different outlook and make you move it. The HOA is all powerful, more powerful than the gov't I think. But as others have said doubt the county would care.

 

[montoya32]

If the fence is already up, then it's not an issue until they say something. No biggie. Live on.

 

[beb3627]

6pack is right on. You will be fine unless they need to do work, which is the ultimate purpose of the easement. I would however fix the 4' error in the fence, even if it does not bound on a neighbor. I surveyed for 10 years and nothing good ever comes out of having a fence over the line. Especially if you have plants, etc in that area that will be easier to move now than later. Just an opinion tho!

 

[Matlack]

It's a common area owned by the community to do with as we see fit. I informed the HOA, they didn't have an issue. I am now looking at claiming the extra 68 sq. feet it turns out to be, since I have been maintaining the whole area since I moved in. It's not 4 feet the whole way, it's a 17 foot by 4 foot sq. area that I am over the line.

Really? Your going to be that guy? Why try to claim the property? Why not leave it be or do you want to cause a problem?

 

[marko12]

Could you put a gate in for them to use? May keep them happier.

Pretty sure you run a risk of them tearing it down whenever they like though.

This sound reasoning will solve your problem !

 

[VTHokie7]

It's a common area owned by the community to do with as we see fit. I informed the HOA, they didn't have an issue. I am now looking at claiming the extra 68 sq. feet it turns out to be, since I have been maintaining the whole area since I moved in. It's not 4 feet the whole way, it's a 17 foot by 4 foot sq. area that I am over the line.

You've been maintaining it because you obstructed anybody else being able to. Sounds like they're being nice but if you push it bet that tune changes.

 

[Just5Guy]

If the County doesn't own the open space then I doubt you'll ever have an issue with it. I'm surprised the HOA didn't have an issue with it.

Our HOA is, for lack of a better word, dysfunctional, and on the verge of total collapse. Only a few houses in the neighborhood have paid their dues in the last 3 years, there are no meetings, and people that used to be officers have since moved.

I have a maximum of 5 years left at this home and won't be making any unnecessary waves, that's for sure.

 

[Just5Guy]

You've been maintaining it because you obstructed anybody else being able to. Sounds like they're being nice but if you push it bet that tune changes.

No, I've been maintaining the entire common area because the HOA does not, and neither does anyone else, despite being given plenty of opportunity. I am obstructing 68 sq. feet of a 1/2 acre area.

 

[VTHokie7]

No, I've been maintaining the entire common area because the HOA does not, and neither does anyone else, despite being given plenty of opportunity. I am obstructing 68 sq. feet of a 1/2 acre area.

Fair enough. Then make sure you can document your maintenance and go for it.

 

[Frustrated]

I have storm drain easment on my property...pipe under 150 ft of driveway...dont sweat it....if you cooperate through this current project you probably will never have to again....worse case you take it down and put it back a while after inspections are done...mine had pipe upsized a few years back...they tore up my driveway and then paved it back when they were done and spread and rolled the asphalt millings and made a driveway back to my detached garage...however one of the inspectors threatened me about "my neglected cats"...lol...ferrel cats that happened to be in my yard when she pulled up...nothing ever happened...lol
I would say taking down anything in their way yourself will save aggravation ...the bulkhead guys that came and did work across the street were not as skilled as the pipe guys for sure and probably will make a mess of your fence....youll take better care of your fence sections that anyone else will...

 

[Just5Guy]

Everything is going on today, no problems whatsoever, major overreaction on my part. I talked with the guys doing the work and the guy doing the inspecting, no issues, they were actually very happy with me giving them so much room to work, haha.