This form is an agreement to convey the use or benefit of a tract of land to another party for a specific limited purpose without giving the party the right to possess, take from, improve or sell the tract of land.
An Appurtenant easement is a legal concept that grants a certain right or privilege to use another person's property for a specific purpose. In the context of a homeowners' association (HOA), this type of easement can have various applications. Here are a few examples of Appurtenant easements with HOA and their different types: 1. Common Amenities Easement: An example of an appurtenant easement with an HOA can be the provision for residents to access and utilize common amenities such as swimming pools, tennis courts, parks, or clubhouse facilities. This easement ensures that each homeowner has the right to enjoy these shared resources, as specified in the HOA's governing documents. 2. Pedestrian Access Easement: In a residential community with multiple sections or blocks, there might be easements established to allow homeowners to access neighboring sections by foot. These pedestrian easements can include pathways, sidewalks, or trails connecting different parts of the HOA community, enhancing convenience and connectivity for residents. 3. Utility Easement: An HOA may have utility easements, allowing necessary utility companies (e.g., electric, gas, water) to access and maintain utility lines or equipment that run through the common areas or even individual lots. These easements ensure uninterrupted utility services for all homeowners within the association. 4. View Easement: In some cases, an HOA may grant easements to preserve specific scenic views for certain properties within the community. This type of easement aims to protect homeowners' visual enjoyment and property values, often by limiting the height or type of structures that can obstruct those views. 5. Parking or Driveway Easement: When a residential community has limited parking spaces or tight driveways, the HOA may establish easements to allow homeowners to park in designated areas or utilize common driveways for access to their property. These easements ensure fair and orderly parking arrangements and avoid conflicts between homeowners. 6. Maintenance Easement: Has may establish maintenance easements to ensure the upkeep of shared infrastructure or facilities. For example, if there are walking paths, landscaped areas, or playgrounds within the community, an easement can grant the HOA the right to access and maintain these areas, ensuring they remain safe, attractive, and functional for all residents. In conclusion, Appurtenant easements with an HOA serve to define and regulate various rights and access privileges within a residential community. These examples demonstrate how these easements can encompass common amenity usage, pedestrian access, utility access, view preservation, parking arrangements, and maintenance of shared areas. As always, it is important to refer to the specific provisions outlined in an HOA's governing documents for a complete understanding of the easements associated with a particular community.
