My question involves real estate located in the State of: Florida
Our homeowners assoc operates/maintains a well for community use. The tank for the well sits on my property and there is an easement granted to the HOA for that section of the property (granted by a previous land owner). There is a condition in the easement that says if the HOA doesn't use the property for this original purpose, the property & all it's rights revert back automatically to the owner (me).
The well is being shut down by the state for multiple violations and no one disputes (for now) the expiration of the easement and my reclaiming the property. The question now is who owns the tank used with the now defunct well? I say it belongs to me since it's on my property. Ownership of the fixtures is not listed or addressed in the HOA bylaws, the easement, or my deed.
The HOA says the tank belongs to them because they have a receipt for it...they bought it from the developer. The developer hasn't owned the property since 1973 and the HOA was established in 1996. Even if the receipt is valid, does it give them ownership of the tank?
The basic question I also have is if a fixture exists on the property when you buy it and there are no reservations regarding that fixture listed in your deed, easements, or other legal documents, doesn't the fixture belong with the property regardless of who actually paid for that specific fixture?
Thanks for any replies....