Aspendale

What Aspendale's governing documents say

This is a Declaration of Maintenance Easement recorded in 2006 for lots in Aspendale Phase 2 and adjacent subdivisions in McKinney, TX. It grants property owners of adjacent lots a permanent, nonexclusive easement to enter a 3-foot strip along the rear boundary of their neighbor's lot to maintain, repair, or replace retaining walls and trees that are on that strip. This document does not create an association or set general community rules; it only addresses this specific mutual maintenance obligation.

• Easement for maintenance: Each lot owner grants an adjacent lot owner a permanent, nonexclusive easement over a 3-foot strip along the rear boundary for the limited purpose of performing maintenance, repair, and replacement of retaining walls and trees that may exist on that strip.
• Limitations on use: The adjacent owner may only take actions that are reasonably necessary for maintenance, repair, or replacement. They may not add new retaining walls, trees, landscaping, or other improvements—only replace existing ones.
• Liability and indemnification: The owner of the lot where the easement is granted (Declarant Lot) is not liable for any damage or injury from the easement use. The adjacent lot owner must indemnify and defend the Declarant Lot owner from any claims, costs, or attorney fees arising from the use.
• No public dedication: This declaration does not convey any part of the fee simple estate to the public or dedicate any portion of a lot for public use.
• Amendment: The declaration may be amended only by a written instrument signed by the owners of a majority of the lots, and typically recorded in the county records.
• What this document doesn't cover: This document is only a maintenance easement—it does not include general community rules such as pet restrictions, leasing guidelines, architectural standards, or association assessments. Those would be found in separate CC&Rs or other governing documents.

Plain-language summary generated from the governing documents on file for this community. It may be incomplete and is not legal advice — read the full documents below or consult the official recorded versions.