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. 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?”

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

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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Author: House Attorney

A house attorney has answered this question.

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