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HOA asks new homeowners for easement across property: 'I would not allow it unless they paid me'

"This is a negotiation and you have the upper hand."

Aerial view of residential houses, yards, and a swamp with trees in a suburban area.

Photo Credit: iStock

After buying a home in August, a Washington resident says they learned the homeowners association has no established way to reach a wetland area behind the subdivision — and is now asking for an easement across their lot.

In return, the HOA offered to re-bark the owners' yard once a year.

Here's what to know

According to a Reddit post, the home backs up to a "critical area wetland tract" and wetland buffer that the HOA maintains, including fencing and vegetation. But because the tract is "completely surrounded by houses," the homeowner said the planners never created an easement that would let the association get in to do that work.

They said two issues worried them most: possible yard damage "with equipment" and whether allowing an easement could make the property more difficult to sell in the future.

Commenters focused on the HOA's legal authority. One commenter wrote, "The HOA CCRs give them authority to maintain it not you. If you deny them access. They could take you to court to have their access to the wetlead upheld and an easement will be granted. You will pay the HOA lawyers."

More background

Some commenters said the problem appeared to trace back to how the subdivision was originally laid out, rather than anything the current owner did. "Almost everywhere part of subdividing the land includes handling access via an easement," one commenter wrote, and asked whether another route would require "an 'expensive' driveway, a bridge or some other change."

Another theme was whether the HOA had other options and simply chose the easiest one. "Why are they targeting you and your house?" one commenter asked, while also raising the possibility that a nearby home not yet sold or still under contract could potentially be modified before closing to provide access instead.

In this Washington case, however, the dispute runs in the opposite direction: The HOA is seeking a new property right after the sale has already closed. Homeowners facing these kinds of conflicts can learn how to work with HOAs to best navigate tricky or limiting situations.

What can be done?

Before agreeing to anything, commenters said the homeowner should get clearer details on how access would work in practice. 

They also suggested challenging the idea that this particular lot had to carry the easement. Recommended questions included why they chose this house, whether the HOA had approached other neighboring owners, and whether any unsold homes could still be adjusted to provide access instead. 

On compensation, commenters largely treated the proposal as a negotiation over a burden on the property, not a courtesy. One wrote, "An easement is certainly a burden on a property," and suggested putting a dollar figure on how much less the house would have been worth if that easement had already existed at the time of purchase. 

As the original poster put it: "They're now coming to me asking if we will agree to an easement on our property to give them access to the wetland in exchange to rebark our yard once a year." 

"Show me the MONEY! I would not allow it unless they paid me," one commenter wrote. "This is a negotiation and you have the upper hand." 

Where can I learn more?

This dispute raises familiar questions about property rights, yard access, and how far an HOA can go. Other homeowners have faced similar battles, as highlighted in these stories.

• After HOA pushback, a homeowner installed a gate to a greenbelt without drawing more scrutiny.

• A homeowner grew frustrated when the HOA backtracked on approval for a lawn-saving retaining wall.

• One family said the HOA demanded removal of a fruit tree after years without complaints.

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