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  1. #1

    Default Who Can Use a Bridle Path Easement

    I live in an equestrian community in Virginia and have a bridle path easement listed on my plot as well as the subdivision plat registered with the county. There is no other recorded record of this easement to be located and there are no terms or conditions for the easement listed on the documents that are recorded. The covenants for the subdivision state that the bridle path is for homeowners in the community but go no further in defining its conditions.

    There are now several people in the community boarding horses and telling their boarders that they have free use of the bridal path in the community. This has raised concerns as to the liability that could placed on the homeowners that have these easements.

    Is there any way to restrict access by non-homeowners to the easement (established in the late 60's) or to reduce/eliminate the liability of such activities?

    thanks.....

  2. #2

    Default Re: Question about bridle path easement

    You should point out to those allowing non-community residents to use the property, in writing so as to put them on notice, that THEY - perhaps by inviting the non-resident - are accepting any liability for their invitees. And moreover, there is nothing in the easement terms and conditions which allow them to use the easement for their own monetary gain (amenity of the boarding business). Also, equestrians are engaging in what is broadly termed in some states as a risky and dangerous sport, and they assume the risks associated with the sport. And, where the easement documents are silent on who should maintain the bridle path, they have little upon which to base a complaint against a homeowner, much less proving the negligence or omission of a particular person for a condition where there is no proof since it is an easement for the public good and not private property.

  3. #3

    Default Re: Question about bridle path easement

    They have made the argument that since it is not specifically disallowed in the easement, that it is allowed under VA law. They are also using common property of the HOA for their boarder to ride on and using the same argument since the governing documents of the HOA do not specifically disallow the use of common property for boarders (actually the documents don't even mention boarders to either disallow or allow).

    This has turned out to be a rather nasty battle in the neighborhood and I'm not sure where its going to end up.

  4. #4
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,592

    Default Re: Question about bridle path easement

    It doesn't sound like much of a homeowner's association if the rules allow homeowners to set up and run a commercial business from a residence, especially one that is objectionable to other homeowners.

  5. #5

    Default Re: Who Can Use a Bridle Path Easement

    He governing documents specifically state no businesses but the issue it seems the county doesn't consider boarding 3 or less horses a business..... and there has been a long history of boarders being allowed in the neighborhood that was ignored till it got out of control and folks started getting worried about liability and increased traffic in the neighborhood.

  6. #6
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,592

    Default Re: Who Can Use a Bridle Path Easement

    I would guess that the county is not the place to look for enforcement of the HOA regulations. That would be your responsibility or that of the HOA. You will surely need a Virginia attorney to handle this.

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