Legal Question in Real Estate Law in Indiana
Easement responsibilities
I live in a developement where the only access to our properties is over another development which is not governed by ''The Homeowners association''. The roadways in our developement are soon to be paved and we are splitting the cost of paving it. We are being told / asked to pay a considerable amount to pave from our ''entrance'' to the county road therefore paying for improvements that directly benefit the two developers involved and the sale of their remaining lots and frankly I do not want to pay this cost. Do I have a legal responsibilty to incur the cost of paving another developer's land?
1 Answer from Attorneys
Re: Easement responsibilities
Depending upon how long your development has been there and whether the homeowner's association has been turned over to the actual owners of the lots, you really need to have the association reconsider this matter and/or get a group of residents to go to the developer with you to discuss proportioning such an expense - unless your association will be reimbursed later by the new lots and/or another development, it does not seem fair that you pay for all the improvement that will benefit future development. However, unless your association agreement, the covenants or some other document you can find specify otherwise, there is no specific law on who pays for the paying out to the highway or county road when there is undeveloped area between your subdivision and the road.
You cannot unilaterally refuse to pay. You need to have the association or the developer talk with you and other residents to come to a better solution.
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