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| Enforcing easement held by HOA I'm having trouble finding caselaw about this issue... Facts: HOA and its members have an express easement for ingress/egress over boundary between two lots. The HOA has the duty to maintain the easement however the HOA has ignored servient land owner's requests that the HOA maintain/repair the easement; 30 years w/o upkeep has led to poor aesthetics. Basically, the hedge that borders both sides of the easment is sickly and is an eyesore on the property of the landowners. Question: Can the servient landowner get injunctive relief to force HOA to take care of the easment? Dispute is in CA |
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