Roads Are Easements Not Planned Communities Or HOAs

[Patricia]

A fact: 
If you live in Increment I, HPPOA only has a fractional interest of ownership in the roads, which HPPOA SHARES with all other Increment I owners.

3rd Circuit Court
Case 6595
(The following, according to the PHH- now HPPOA attorney)

"The usual property description granting the roadways easement in Increment I is worded as follows:

'Together with an undivided 1/5750th interest in and to Lots X, in Block X, as shown on Maps X, respectively, of said Land shown on Map X of Land Court Application No. X, of W. H. Shipman, Limited; to be used in common with all others entitled thereto, for roadway and utility purposes only;'

"The above grants each lot owner in Increment I a 1/5750th fractional interest in all the roadways, plus an easement to use the roadways, as shown by the phrase, '...to be used in common with others entitled thereto, for roadway and utility purposes only;'

Here there is no debate that the easement owners are all property owners in Increment I."

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A fact: 
If you live in Increment I, HPPOA only has a fractional interest of ownership in the roads, which HPPOA SHARES with all other Increment I owners.

3rd Circuit Court
Case 6595
(The following, according to the PHH- now HPPOA attorney)

"The usual property description granting the roadways easement in Increment I is worded as follows:

'Together with an undivided 1/5750th interest in and to Lots X, in Block X, as shown on Maps X, respectively, of said Land shown on Map X of Land Court Application No. X, of W. H. Shipman, Limited; to be used in common with all others entitled thereto, for roadway and utility purposes only;'

"The above grants each lot owner in Increment I a 1/5750th fractional interest in all the roadways, plus an easement to use the roadways, as shown by the phrase, '...to be used in common with others entitled thereto, for roadway and utility purposes only;'

Here there is no debate that the easement owners are all property owners in Increment I."

Easement owners. Not a planned community.