I have an old emergency vehicle and sewer easement along the entire west side of my property, It has been used and maintained (resealing the asphalt) by the HOA as a bicycle and walking path short cut to community center for many years. A few years ago they even had the bollards removed so that the golfers could drive their carts on it to get to the golf course quicker. The golf course maintenance crews are now using it as well. Along with that I now have regular street traffic trying to use it as well. Delivery trucks and cars have really accelerated the deterioration of the asphalt.
The HOA had no idea that is was actually an easement on my parcel until I did a garage addition to my house and showed them the plans along with the property lines. They thought I was building too close to “their” path. They allowed me to move forward with my city approved addition once I showed them it was actually my property.
A few years have passed and the HOA had the parking lot resealed but is refusing to have the path done since “it’s no longer their property”.
The city came out and stated they don’t need the emergency vehicle easement anymore, they just need the sewer easement to remain.
Can I now “close” this easement, reinstall the bollards and put a chain across it?