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What Effect Does the Trail System Easement Agreement Have on the Equestrian Center Property?

The following excerpt from an August 31, 2018 letter from attorney Larry Oldham to the CRC HOA's attorney, Kimberly Gaddis, discusses what has been referred to as the Trail System Easement Agreement, as follows:

"...Neither Mommies nor Mr. Bose deny that the public has a right to park up to ten trucks hauling horse trailers on the Mommies Property by virtue of what you refer to as the "Trail System Easement Agreement" which actually is that certain Agreement for Real Property - Restrictive Covenants 3-28-96, dated May 17, 1996, recorded at Deed Book 981, Page 10, Forsyth County, Georgia, land records (the "TSEA"). It is my understanding that as a general rule, few, if any, individuals have availed themselves of this right and privilege over the years and Mommies certainly has never denied anyone access to its property for purposes of parking horse trailers and the trucks hauling them. As you know, the Agreement is silent as to whether Mommies may include a reasonable charge for parking and this is quite common in public parks to assist with maintenance needs. The TSEA imposes no other obligations or restrictions on the Mommies Property, nor does it create any other rights, privileges or easements thereon.

As far as I am aware, while horses have been – and currently are – boarded on the Mommies Property, none of the trails making up the trail system are located thereon. Moreover, there is no expressly reserved or implied granted right "...to access the existing observation deck and the wetlands that are located adjacent to the Equestrian Center property..." by virtue of the TSEA as stated in your letter. Simply put, the Mommies Property is private property upon which interested members may park their trucks and horse trailers for a reasonable fee and the TSEA does not create any other burdens on the Mommies Property. If there is some part of the TSEA that I have misunderstood or overlooked, please let me know...."

The TSEA is included as one of the documents on this website and you may review a copy of it and make your own determination of how it affects the Equestrian Center Property by clicking this link.

Nothing contained on this website should be construed as legal advice. Visitors are encouraged to review this information with counsel of their choosing to help them understand the information presented and to make their own independent determination of what is in their best interests in responding to any offers or requests contained hereon.


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