Easement and Responsibilty for It Not in Deed

[poldy]

My question involves real estate located in the State of: new hampsire. when we purchased land from a realtor the realtor and the attorney who did the closing and title search did not inform us nor locate the existence of an easement through our property and that of 5 other homeowners. the road that goes through all our properties evidently is considered our driveway.we all pay homeowners dues which should be giving us the right to have our road[driveways] plowed, sanded and maintained by the "hola". when we started building all of a sudden we were told by the hola that the above conveniences were not applied to our "road" because it was in the deed. not only is it not in our deed, we did the research in the registry office, but the attorney who closed on most of the properties could not find anything in the title search so it appeared to be free and clear of all incumberances. the hola will not take over the responsibility for this because a vote is needed from the other 100 plus homeowners and they do not want their dues to go up so they vote it down.the property was before it was fully developed owned by one man who then turned it over to the hola after he evidently made a deal to do this in order to sell and develop the extra 6 lots.what are our legal remedies to correct this situation? we collectively pay $10500.00 yearly to hola and do not get the above services.what responsibilty does the attorney who did the title search and the closing on the land have?

[LandSurveyor]

You have a couple of issues to sort out here before you go anywhere on this.

Whether an item of obligation or right is in your deed or not is not conclusive. The hint is your comment that 100 plus homeowners are involved in this. There is obviously a homeowners association here somewhere and also a subdivision plat or plats which may provide for the establishment of the roads and other items.

I'm not sure about buying property from a realtor which is owned by the realtor. This is problematic in some states as realtors are restricted as to what they can take title to and resell in many states. So did you actually buy it from a private owner who was represented by a realtor?

[poldy]

i am sorry i guess what i wrote was confusing.what i meant was a realtor who happened also to be a resident of this subdivision sold the lot us . the realtor represented the previous owner of the lot.the realtor is now deceased. we lived in ohio when we bought the land and the realtor suggested the attorney for the closing. the attorney also did the title search.