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 by reference to the lot and the recorded subdivision plat that included a map of the subdivision depicting a golf course.  The plat map was recorded with the county.  The developer later transferred the golf course to another entity.  The purchaser, CE, was losing money on the golf course and proposed to develop the land.  The adjacent property owners sued.  The property owners and CE filed cross motions for summary judgment.
Continue Reading Implied Easements – Can You Prohibit a Neighboring Property Owner from Changing the Use of its Property?

Two of the three lot owners in a subdivision had a dispute over a driveway easement and boat slips.  Lot 2 was contracted to be sold first and it included a driveway easement on Lot 1 and Slip A (the one with the boat lift).  When Lot 2 was deeded, however, Slip C was on the deed (no boat lift).  Lot 2 used Slip A, but when Lot 1 was later sold, that deed stated Slip A.  Despite what was on the deeds, after Lot 1 was sold its owner used Slip C, as he was apparently aware of the error on the Lot 2 deed.  Later a dispute broke out over whether the driveway easement was simply for ingress or egress or included the right of Lot 2 to park vehicles on the driveway.  This resulted in Lot 1 filing suit for the court to determine the extent of the driveway easement and who owned which boat slip.
Continue Reading Driveway Easement and Boat Slips – Expensive Fighting

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 this case, the HOA owners come out on top.

Facts

In a 2019 case, some lot owners within a subdivision, which had been advertised as a private, gated community, sued the Developer for trying to enforce an access easement he had for the main road within their subdivision. The Developer claimed he needed access to that main road in order to develop the neighboring lots behind the gated community.  The Developer also believed he could grant access to the owners of the neighboring lots through the gated community. 
Continue Reading HOAs Unite! Developer’s Easement Rights are Not Never-Ending