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  1. #1
    Join Date
    Aug 2009

    Default Easment Encroachment

    Our development went with the throw back homes from the fifties where the garages are in the back of the homes and there is an alley between us and our neighbors behind us. We have the unique situation of having the alley wrap our property as we are on the end of the street. Envision the alley behind our home wrapping around the side then out to the front and then the street.

    The developer did a poor job of laying the alley, and a surveyor's results showed that the alley encroached beyond the easement in multiple spots. They fixed one section,behind our home, where it wrapped around our lot (the turn radius was to tight and cars were destroying our landscaping), but they did not fix the area in the front of our home. Basically where the asphalt alley is, should technically be grass as it is my property. It is approximately a 10-15 foot by 2-3 foot section, whereby the 2-3 feet cut into our property beyond the easement.

    Who is liable for the correction? Is my HOA as governing body now liable for this correction as they are the governing body of the development. The builder has since gone out of business. I am wanting to do landscaping there, and thought I should resolve this matter before developing anything there.

    Thank you for your help.

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Easment Encroachment

    This encroachment has existed for how many years? It was present when you bought your home? Why didn't the builder fix it when he fixed the other encroachment? Have you asked the HOA for their position, and if so what did they say? And all of this is in what state?

  3. #3
    Join Date
    Aug 2009

    Default Re: Easment Encroachment

    Thank you for the reply. I am in the state of Indiana. We built in 12/02 and it took us until 6/04 for them to actually come out and reconfigure things. At the time, they were not willing to fix the other part of the alley that encroached our property. It was funny to see the big white chalk 'X' and the surveyor say that is yours and watch the builder him and haw.

    As it stands, the HOA does not know about it. I want to build a mulch bed that lays there, and was wondering if it would benefit me to bring it to their attention so I can build, mulch and plant accordingly, versus somehting coming up later.

    Finally - it was present when they built our home - they basically eyed it up when they repaired it, as when they built it. They kept telling me it was their first alley home - funny - they are out of business now - serves them right.

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