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LAKEVILLE COMMUNITY ASSOCIATION, INC.
DEED RESTRICTIONS FOR LAKEVILLE SUBDIVISION REAR YARDS
Article II, Section 2.6, Paragraph H
The rear yard of each Lot will be enclosed by a fence at the time of original construction of the Residential Dwelling. The area enclosed by a fence for the use and benefit of the Owner or occupant of a particular lot shall include a portion of an adjacent Lot. The portion of an adjacent Lot enclosed by a fence at the time of the original construction shall be shown on a survey attached to the deed conveying the Lot to the Owner who is entitled to the use and benefit of such area. The area shall also be shown on a survey attached to the deed conveying the subject Lot. There is hereby established and dedicated for the use of the Owner of each Lot a limited perpetual easement over and upon that portion of the adjacent Lot enclosed by a fence and depicted in the surveys attached to the deeds. Each easement is for the purpose of planting grass, flowers and shrubbery and maintaining and repairing the fence thereon. The Owner of the Lot subject to the easement shall not have the right to remove or relocate the fence or otherwise interfere with the adjacent Lot Owner's right to use the easement. In the event that the portion of the fence on a Lot which solely benefits the owner of the easement requires repair and/or replacement, it shall be the responsibility of the owner of the easement to repair and/or replace the fence at his sole cost and expense and in accordance with Section 2.5, paragraph A of this Declaration. The maintenance, repair and replacement of that portion of the fence enclosing the rear of a Lot which benefits not only the owner of the easement, but also the Owner of the Lot, shall be the responsibility of both Owners and the cost of repairing and replacing any such portion of the fence shall be shared equally. Notwithstanding the provisions of this paragraph, the Owner of a Lot shall at all times have access to the portion of his Lot enclosed by a fence for the use and benefit of the Owner of the adjacent Lot if reasonably necessary to enable the Owner to maintain and/or repair the Residential Dwelling or any other Improvements on his Lot; provided that, except in the event of a bona fide emergency, access to the portion of the Owner's Lot enclosed by a fence for the use and benefit of the Owner of the adjacent Lot shall not be exercised without at least seventy-two (72) hours notice to the Owner or occupant of the adjacent Lot.
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