Spring House Easements

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After a long fought and expensive legal battle, our developer, Mr. Edward Weingartner Jr., was ordered by the court to turn over a deed for the Fruh House, the Barn, and two acres of land that surrounds the buildings. He turned the deed over in 2007 and our Association board filed it with the recorder of deeds in 2008.

The deed can be reviewed here: 54-8-22.1 Deed.

Mr. Weingartner was allowed by the court order to keep possession of the Spring House, the small white house near the garage. He eventually lost his house in a sheriff's foreclosure sale but that is another story.

In the deed for our Association, Mr. Weingartner inserted a clause known as an easement that gave the whoever owns the Spring House a perpetual and exclusive easement to use the driveway and garage.

The wording was as follows:

Also under and subject to the perpetual and exclusive easement over and through the lands of the grantee herein for exclusive use and access to the the Spring house including all existing pavement area between the existing stone wall and spring house and giving access to Dartmouth Road. Also granted is the perpetual and exclusive use use of the existing Barn for purposes of storage, office, and vehicles.

Poorly worded, but apparently legal.

In 2009, almost two years later, the Board at the time decided to file suit to have the easement removed. The challenge was they voluntarily accepted and filed the deed.