Road Right of Way Issues Resolved...   9/20/23 Close

Clarification of multiple issues not well defined in the covenants regarding utility easements and the road right-of-way

The 50 foot wide path that the roads are on is owned by Sugarhill POA. It runs in front of your property and is very understated in the bylaws and covenants. The area is approximately 14-1/2 feet from the road edge into your front yard.

It's not uncommon for utility easements and road right-of-ways to be included in front yards, even though they technically don't belong to the homeowners. However, it can be confusing for people to navigate how this area can be used.

To address these confusions and conflicts, a resolution has been created. The resolution aims to provide a clear understanding of the usage and responsibilities associated with the road easement and right-of-way.

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The numbered paragraphs below refer to the numbers in the resolution. They give more in-depth details and explanation of each of the items in the "Road Easement Right-Of-Way Usage and Responsibility Resolution".

  1. This item is self explanatory. Consideration is for access to and protection of the underground utilities.
  2. The road right-of-way can, with approval, be landscaped by the adjoining frontage owner, and once landscaped, it must be maintained. Sod is considered landscaped.
  3. Approval is needed by the association for any visible frontage landscaping or changes.
  4. Part of why there is a wide road right-of-way was to guarantee safety and visibility while driving our roads. If your landscape foliage makes it hard for people to see what is on the road especially if it’s a blind curve you will have to cut it back. Foliage that is closer than 6-8 feet and doesn’t cause any hazard really isn’t a problem. Trees grown too close to the pavement can uplift and crack the pavement causing early road failure. Foliage hanging down over the road can cause damage to trucks and other vehicles. (See page 2 of the resolution).
  5. Using the right-of-way in front of a neighbors property will now require the frontage owner’s permission. This includes parking on or leaving foliage for pickup etc. on their frontage right-of-way area.
  6. Vehicles given permission to park on the right-of-way must not overhang the pavement and if left over night they must be completely off the road. Sugarhill’s streetlight situation can make this overnight parking dangerous.
  7. This item is self explanatory.