10-23-2007, 11:55 AM
"The setback and public access requirement were not mentioned or disclosed at purchase of the property."
I might be a minority here but I don't think you legally have to provide access if the Public Access is not in your deed as an easement. The COH addressed this issue at the time of issuing the subdivision permit and all lots with public access easement have been designated back then.
The "right to gather for cultural and religious reasons" is more known as the PASH, but it does not apply to subdivisions and non-subdivision lots smaller than one acre. Your deed should include the PASH if your property is subjected to it.
You might want to talk to a real estate attorney and certainly talk to your title insurance company.
Aloha,
John S. Rabi, ABR,CM,CRB,FHS,RB
http://www.JohnRabi.com
Typically Tropical Properties
"The Next Level of Service!"
I might be a minority here but I don't think you legally have to provide access if the Public Access is not in your deed as an easement. The COH addressed this issue at the time of issuing the subdivision permit and all lots with public access easement have been designated back then.
The "right to gather for cultural and religious reasons" is more known as the PASH, but it does not apply to subdivisions and non-subdivision lots smaller than one acre. Your deed should include the PASH if your property is subjected to it.
You might want to talk to a real estate attorney and certainly talk to your title insurance company.
Aloha,
John S. Rabi, ABR,CM,CRB,FHS,RB
http://www.JohnRabi.com
Typically Tropical Properties
"The Next Level of Service!"