My question involves real estate located in the State of: CO
Our subdivion plat shows a dedicated trail easement encircling our neighborhood. After the subdivion was created and the plat was approved, the developer also deeded to the HOA a right-of-way easement that connects the two ends of the larger trail easement. Use of the easement is restricted to walking, horse-back riding and bicycle riding by members of the Association and their guests (if accompanied by a member).
The HOA does not own any of the land, and has placed restrictions on the use of the easements, such as disallowing motorized vehicles except for mowing and emergency services.
Each property owner is taxed on the value of his/her entire parcel, including the portion that is a dedicated or deeded easement.
The homeowner is responsible for making sure the trail is reasonably free of obstruction, such as removal of overhanging branches, downed limbs, or any other materials that might cause a horse, biker or walker to trip or fall.
The HOA is responsible for mowing the easement. The HOA board members walk the easement prior to each mowing to make sure the mower can access the trail without difficulty, and the homeonwers are informed of any access issues present on their properties.
Hypothetical: A 10 year old child is riding his bike on the easement, loses his balance, falls, and slices open his arm, requiring stitches.
Who is potentially liable for the damage? The HOA? The homeowner? Both parties?
Our subdivion plat shows a dedicated trail easement encircling our neighborhood. After the subdivion was created and the plat was approved, the developer also deeded to the HOA a right-of-way easement that connects the two ends of the larger trail easement. Use of the easement is restricted to walking, horse-back riding and bicycle riding by members of the Association and their guests (if accompanied by a member).
The HOA does not own any of the land, and has placed restrictions on the use of the easements, such as disallowing motorized vehicles except for mowing and emergency services.
Each property owner is taxed on the value of his/her entire parcel, including the portion that is a dedicated or deeded easement.
The homeowner is responsible for making sure the trail is reasonably free of obstruction, such as removal of overhanging branches, downed limbs, or any other materials that might cause a horse, biker or walker to trip or fall.
The HOA is responsible for mowing the easement. The HOA board members walk the easement prior to each mowing to make sure the mower can access the trail without difficulty, and the homeonwers are informed of any access issues present on their properties.
Hypothetical: A 10 year old child is riding his bike on the easement, loses his balance, falls, and slices open his arm, requiring stitches.
Who is potentially liable for the damage? The HOA? The homeowner? Both parties?
Use and Enforcement: Whose Insurance is Responsible for Injuries That Occur on an Easement
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