Does anyone have any hands on experience with Row Houses?

[John Arendsen]

Does anyone have any

hands on experience with Row Houses?

This is a photo of the row houses in question. The subject property is the one in the middle. If you look closely you can see that unlike most traditional "ROW HOUSES" there is a 6 foot space between each home allowing for a walk way from front to back, trash container storage, outside shower, flower beds and landscape on each side.

I'm currently in an escrow transaction and close to closing on this property. I wasn't aware of any "DECLARATION OF EASEMENT"protocol and discovered that there were no CC&R's nor is there an HOA.

I just found out that in this situation the neighbors on both sides and the home in escrow have the right stipulated in the DE to landscape up against each others homes.

Albeit each homeowner has the right to periodically inspect and maintain their home on both sides with a 24 hour notification for damage, repairs and/or maintenance by this DE that's the only document that we have to go on and I have no idea how to enforce it without it possibly becoming a legal issue.

The issue is the legal access that each homeowner has to inspect, repair and maintain both sides of their home albeit only the side to the left of each home is allowed for each homeowner's ingress and egress. There is also a garage door leading out to the left side of each walk way.

The issue I'm having with the homeowner on the right of subject property is the foliage and flower beds that are up against the subject home.

The home inspector noticed that bedding soil had been added to the point where it is actually covering up the weep screed and he saw signs of rust and deterioration to the weep screed caused as a result of this.

Albeit the Declaration of Easement does explicitly allow each homeowner the right to inspect, repair and maintain both sides of their home the homeowner will not allow us access as is delineated by the DE to exercise this right.

I have a very good RE attorney and I'm not asking for legal advice. I'm just curious to know if anyone has had any first hand experience with this type of situation and how they were able to handle it.