HOA President Tore Out My Fence, So I Built A Wall She Couldn't Move-mdue - Chainityai

HOA President Tore Out My Fence, So I Built A Wall She Couldn’t Move-mdue

Carol Benton learned to say “community” the way other people say “mine.”

She could make one word sound official, moral, and final.

For seven years, that word was aimed at the strip of land behind my house.

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The strip was not special when I bought it.

It was just a deeper piece of backyard on a corner lot, fifty-six feet long, with an old worn track running through the grass.

People from Maple Street used it to reach Fernwood Circle without walking around the block.

They had used it before I moved in, and the previous owner had apparently never objected.

At first, I did not object either.

The path was quiet.

Children rode bikes over it, adults crossed with grocery bags, and nobody treated the yard badly.

I am not a man who looks for fights.

I am, however, a man who reads documents.

That became important later.

Carol became HOA president in my third year at the house.

She started as the kind of president people tolerated because she enforced rules evenly.

If your fence was too high, she noticed.

If your trash cans stayed out, she noticed.

If your mailbox post faded, she noticed.

At first, I considered that annoying but fair.

Then she noticed the path.

The first conversation happened on my porch.

She told me informal pedestrian access could create liability and said I might want to formalize it or close it.

That was reasonable advice.

I thanked her, called my attorney Robert Ellison, and asked him to look at the situation.

Robert was the kind of attorney who made silence feel expensive.

He listened, asked for the deed, asked for the survey, and asked whether any written easement existed.

There was none.

Two weeks later, he told me the answer.

The path crossed my private property.

No public right-of-way had been created.

The neighborhood had enjoyed a courtesy, not acquired a right.

I might have let the courtesy continue if Carol had left it there.

She did not.

Six months later, she returned with a different tone.

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