Attention Residents – South Carolina Court’s Ruling

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Attention All Bridgehampton Residents:

With the beginning of the 2018-19 school year, The Bridgehampton HOA Board of Directors would like to remind you of the following regarding South Carolina Court’s recent ruling regarding the Norwalk Path, connecting Norwalk Lane to Karriker Court. Below is the February 28, 2018 Order entered by the Court, that addresses the Norwalk Path We’d like to direct your attention to the following provisions:

 

WHEREFORE, IT IS ORDERED THAT:

  1. The easement is limited in scope to use only by the residents and their guests for pedestrian and bicycle travel to and from areas within the subdivision. The Easement shall not be used by any person as access or a thoroughfare to areas outside of the subdivision except as may be used by residents to enjoy walking or bicycling outside of the community purely for recreational purposes. This exception shall not be read to allow residents or their guests to use the Pathway to access any location outside of the community including, but not limited to, schools, commercial establishments, or non-community private residences.
  2. No person shall use the Easement except as specifically allowed in this Order.
  3. Plaintiffs are hereby permanently enjoined from using the Easement for access to the School or for any reason other than those consistent with Paragraph 1 above.
  4. To the extent the side posts of the gate currently located on the property are located within the Easement they shall be permanently removed.
  5. [The Hornings] shall not impede any person’s right to use the Easement consistent with this Order.
  6. No motorized or electric vehicles shall be used in the Easement except motorized or electric wheelchairs necessary for mobility.
  7. [The Hornings] are not responsible for maintaining the Easement. [The Hornings] shall not prevent reasonable and necessary maintenance of the 7.5 foot wide Easement.
  8. Violations of this Order shall be subject to the Contempt powers of this Court.

Despite not being a party to this lawsuit, the Association is taking this ruling seriously and encourages all residents to abide by the Court’s decision to avoid potential repercussions from the Court. The HOA encourages all residents to remember that when they walk across the Easement, they are walking on the Hornings’ property very close to their home.  All residents should be respectful of their neighbors and not do anything that unnecessarily affects another neighbor’s use of his/her property. If anyone uses the Easement in a way inconsistent with the Court’s ruling they will be trespassing. For example, if a neighbor operates a motorized vehicle in the Easement, they are trespassing and may find themselves subject to legal recourse.  Likewise, if anyone uses the Easement to walk to the school at any time of day they would also be subject to legal recourse.

Even if you are a North Carolina resident, you are expected to comply with South Carolina laws when on South Carolina property – such as the Easement.

The Association will be posting signs at both ends of the Easement reminding our residents that it is only for use by residents of Bridgehampton and their guests while visiting parts of the neighborhood.

Additionally, in light of paragraph 7 above, the Association will resume responsibility for the maintenance for the Easement.

Thank you for your attention to this matter and your adherence to the Court’s order.