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Old 05-12-2008, 12:59 PM     #1
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Default Easements

Our homeowners association transfered control over our roads to an appointed group of residents. Previously road drainage was achieved via a "gentlemans agreement" whereby the property owner association would maintain the 12" tile which runs parallel to our property lines but no easements were required. The new Road Commission wants easements on the current drainage tiles and any new tiles to be installed over the years. Many of us do not want to grant the easements because don't want exclusions on our titles nor do we want the limitations of building/development on our small lots (50 x 200) that an easement brings. How will the issue of "prescriptive easements" apply to us? Is it possible that the new road commission could continue with the old non recorded responsibility to maintain the drainage tiles? Thanks
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