My question involves an easement in the state of: Florida
It has been discovered that our HOA had a 'Declaration of Easement' wildly placed in the local county record books after all the properties were sold. There was NO restrictions at that time, nor anyway for the developer to collect his 'dues' for the common areas. The county created a MSTU to fund his enterprise (common areas), and after that, somebody submitted the 'easement' - It looks real official and, while it was witnessed in another county properly, it had no witnesses in our county where the Land actually is - weird. Anyway, the language in it, says that the 'association' can suspend the 'right to use' that are mentioned as 'appurtenant' and running with our lands - wouldn't this be a License and easier to have terminated...? And, worse case - if it is an easement, couldn't it still be terminated by recording similar reversal language into the same county records...? It's a real twist to the benefit/burden issue....btw, the Florida MSTU that is supposed to be entitled with the (common areas) owns nothing where we live, as the association never transferred title - strictly private facilities receiving public funds...
It has been discovered that our HOA had a 'Declaration of Easement' wildly placed in the local county record books after all the properties were sold. There was NO restrictions at that time, nor anyway for the developer to collect his 'dues' for the common areas. The county created a MSTU to fund his enterprise (common areas), and after that, somebody submitted the 'easement' - It looks real official and, while it was witnessed in another county properly, it had no witnesses in our county where the Land actually is - weird. Anyway, the language in it, says that the 'association' can suspend the 'right to use' that are mentioned as 'appurtenant' and running with our lands - wouldn't this be a License and easier to have terminated...? And, worse case - if it is an easement, couldn't it still be terminated by recording similar reversal language into the same county records...? It's a real twist to the benefit/burden issue....btw, the Florida MSTU that is supposed to be entitled with the (common areas) owns nothing where we live, as the association never transferred title - strictly private facilities receiving public funds...
Termination: Terminating Easement vs. License
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