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.