Do we have to Allow our Township to Build a Sidewalk Through our Easement?
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We live in a site built condominium association. We share a drainage/walkway easement with our next door neighbors according to our plat map which is what our township considers. A state park trail runs along the east side of our development. We have always invited the homes in the development to access the trail by walking through our yard. A few in the association now want to put a sidewalk through to make the walkway more official. Do we have to go by what the township says about where the easement is or by the Master Deed? Do we have to allow a sidewalk through our yards? |
“We live in a site built condominium association. We share a drainage/walkway easement with our next door neighbors according to our plat map which is what our township considers. Our Master Deed states that the walkway easement is south of our homes somewhere between 5 other homes but does not specify where. A state park trail runs along the east side of our development. We have always invited the homes in the development to access the trail by walking through our yard. A few in the association now want to put a sidewalk through to make the walkway more official. Our Master Deed also states that, “No building improvements shall be permitted within the easement”. Do we have to go by what the township says about where the easement is or by the Master Deed? Do we have to allow a sidewalk through our yards?”
Generally speaking, you are not obligated to allow improvements (like a paved sidewalk) beyond what is specified in the document that created the easement.
As for where the easement is, I’m not sure which document would ordinarily be controlling, but if your master deed is vague about the location, I would think that the more specific location shown on the plat map would control . . . unless there is some other fact that overrides.
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For more on this subject check out these categories: All Else, Property, Easements
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State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.