HOA CALLED 911 OVER MY BRIDGE—THEN DEPUTIES CHECKED THE DEED

Chapter 2

Theme:
Font Size:
24px

The third threatened legal action.

The fourth demanded that I remove the chain.

The fifth listed possible fines.

The sixth contained a sentence that made me laugh.

Failure to comply may result in legal action to establish the community's right of access.

I placed the letter on my kitchen table.

Then I opened my grandfather's old filing cabinet.

The first drawer contained property taxes.

The second contained construction receipts.

The third contained surveys.

And the fourth contained something I had never seen before.

A folder marked:

CREEK ACCESS — DO NOT DISCARD.

Inside were photographs.

Dozens of them.

The first showed my grandfather standing beside the bridge in 1981.

The second showed the bridge after a flood.

The third showed him repairing one of the support beams.

Then I found a photograph dated 1983.

It showed several county officials standing beside him.

On the back, my grandfather had written:

COUNTY INSPECTION — PRIVATE STRUCTURE. NO PUBLIC RIGHT-OF-WAY.

I stared at the words.

Then I found something else.

A letter from the county.

It stated that the bridge was privately constructed and privately maintained.

No public funds had been used.

No public easement existed.

And the county specifically noted:

Access remains subject to property owner's permission.

I sat back.

The HOA had known.

Maybe not everyone.

But someone had known.

I called the county records office.

A woman named Patricia answered.

"Property records."

"I'm calling about an old parcel near Cedar Ridge."

"What parcel?"

I gave her the legal description from the deed.

There was silence.

"Mr. Harper?"

"Yes."

"I see something unusual."

"What?"

"The bridge parcel isn't just yours."

I frowned.

"What do you mean?"

"It appears to be connected to a larger historical tract."

"How large?"

"About forty-seven acres."

I nearly dropped the phone.

"Forty-seven?"

"Yes."

"That's impossible."

"Your current parcel is smaller. But the historical deed describes forty-seven acres."

"Where did the rest go?"

"That's what I'm trying to determine."

She put me on hold.

Five minutes passed.

Then she returned.

"Mr. Harper?"

"Yes?"

"You need to come in."

"Why?"

"Because there are two conflicting surveys."

"From when?"

"One is from 1980."

"And the other?"

"2001."

"Who commissioned the 2001 survey?"

She paused.

"Cedar Ridge Development LLC."

My stomach tightened.

The neighborhood had been built in 2002.

I asked:

"Does the 2001 survey show the bridge?"

"Yes."

"Who owns it?"

She hesitated.

"According to this document..."

"Yes?"

"It appears the developer assumed the bridge was part of the subdivision."

"Assumed?"

"That's the word."

I closed my eyes.

"So they sold houses based on an assumption."

"Possibly."

"Did anyone catch it?"

"I don't see evidence of that."

I thanked her and drove to the county office.

Patricia printed everything she could find.

The original deed.

The 1980 survey.

The 2001 development plan.

The HOA incorporation documents.

And something else.

A map.

I spread it across the table.

There was Cedar Ridge.

There was the creek.

There was my property.

And there was the bridge.

But the bridge wasn't inside the subdivision boundary.

It sat just outside it.

The developer had built the entire community around an access point they didn't own.

Patricia pointed at a thin line.

"This is important."

"What?"

"Your grandfather's property extended across the creek."

I stared.

"To the other side?"

"Yes."

"How much?"

"Twenty-three acres."

I looked toward the map.

The northern side of the creek contained the bridge.

Then the subdivision.

Then another narrow strip.

"Who owns that?"

Patricia checked.

"Looks like Cedar Ridge HOA."

I stared at her.

"How?"

She showed me another document.

A quitclaim deed.

Recorded in 2001.

The developer had transferred the strip to the HOA.

But there was a problem.

The legal description didn't match the actual survey.

It described land beginning at a monument that no longer existed.

And the coordinates were wrong.

"Does that invalidate it?"

"Not necessarily."

"But?"

"But it creates a serious boundary issue."

I understood.

The HOA owned land.

But possibly not the land they believed they owned.

I asked for copies.

Patricia looked at me.

"Mr. Harper, what are you planning to do?"

"I don't know yet."

She nodded.

"Then let me give you some advice."

"What?"

"Don't remove that chain."

I looked at her.

"Why?"

"Because if I'm reading this correctly, you may have a much bigger problem."

"What kind?"

She lowered her voice.

"Your grandfather's property may include the only legal access route to part of Cedar Ridge."

I stared at the map.

Suddenly the bridge wasn't just a bridge.

It was the key to the neighborhood.

If the HOA didn't own the bridge...

And if no easement existed...

Then forty-seven families had been using private land without legal access.

But there was something even more troubling.

The county's records showed that the developer had submitted an access agreement in 2001.

The signature belonged to a man named Robert Whitmore.

Karen's husband.

He had been the developer's attorney.

I drove home.

When I arrived, Karen was standing beside the chain.

She wasn't alone.

She had brought a surveyor.

And a lawyer.

She smiled when she saw me.

"We're going to settle this."

I looked at the lawyer.

"Are you representing the HOA?"

"Yes."

"Then you should know something."

He raised an eyebrow.

"What?"

I held up the county map.

"Your client may not own the road leading to this bridge."

Karen's smile disappeared.

Her lawyer looked at the map.

Then at her.

"Karen..."

She whispered:

"Don't."

The lawyer turned toward her.

"You told me the HOA owned this."

"I believed it did."

"You said you had the records."

"I do."

I stepped forward.

"Then you should look at the original ones."

The lawyer took the map.

His face changed.

Karen noticed.

"What?"

He didn't answer.

I looked at her.

"You called 911 because you thought I was blocking your road."

She stared at me.

"But what happens when the deputies discover the road was never yours?"

For the first time since I had met her, Karen had no answer.

The next morning, Deputy Mason came back.

This time he wasn't responding to a 911 call.

He came because the county had sent him a request to document the property dispute.

He arrived with another deputy and a county survey technician.

Karen was already waiting.

So was her attorney.

I stood beside the bridge.

Nobody spoke.

The county technician unfolded a survey map.

"We need to establish the legal boundaries."

Karen immediately said:

"We already know the boundary."

The technician didn't look up.

"No, ma'am. That's why I'm here."

Her attorney stepped forward.

"We believe the HOA has an easement."

I handed Deputy Mason a folder.

"Here's the county's search."

He opened it.

The technician looked at the papers.

Then at the bridge.

Then at Karen.

"Who maintains this bridge?"

"I do," I said.

Karen interrupted.

"The community has contributed to repairs."

"That's not ownership," Mason said.

Karen frowned.

"Why are you taking his side?"

"I'm not."

The deputy pointed at the deed.

"I'm reading documents."

The survey technician walked down to the creek.

He measured the bridge.

Then the road.

Then the property markers.

After twenty minutes, he returned.

"The bridge is on Mr. Harper's parcel."

Karen's lawyer looked irritated.

"Are you certain?"

"Yes."

"What about the approach?"

The technician looked at the map.

"Also his."

Silence.

Karen stared at him.

"So?"

Mason looked at her.

"So the chain is on his property."

Karen's face reddened.

"But the community has used it for years."

The technician nodded.

"That may establish historical use."

"Then we have an easement."

"No."

Karen blinked.

"No?"

"Continuous use alone doesn't automatically establish a public easement."

Her lawyer stepped forward.

"Depending on state law, prescriptive rights could apply."

The technician nodded.

"Possibly."

I looked at Mason.

News in the same category

HOA CALLED 911 OVER MY BRIDGE—THEN DEPUTIES CHECKED THE DEED

5 Part