Two of the three lot owners in a subdivision had a dispute over a driveway easement and boat slips. Lot 2 was contracted to be sold first and it included a driveway easement on Lot 1 and Slip A (the one with the boat lift). When Lot 2 was deeded, however, Slip C was on the deed (no boat lift). Lot 2 used Slip A, but when Lot 1 was later sold, that deed stated Slip A. Despite what was on the deeds, after Lot 1 was sold its owner used Slip C, as he was apparently aware of the error on the Lot 2 deed. Later a dispute broke out over whether the driveway easement was simply for ingress or egress or included the right of Lot 2 to park vehicles on the driveway. This resulted in Lot 1 filing suit for the court to determine the extent of the driveway easement and who owned which boat slip.
Continue Reading Driveway Easement and Boat Slips – Expensive Fighting
Docks
HOAs & Riparian Rights-Can I Put a Dock Here?
Facts
The dispute in this case centered on what rights owners of lots that did not have frontage on a lake (“Non-Lake Lot Owners”) had to place a dock in the lake based on the restrictive rights for their homeowner’s association (“HOA”) which were recorded in 1922. The HOA consisted of 146 lots. All Non-Lake Lots were granted a perpetual easement over and across seven lakefront outlots for their use and enjoyment, including access to the lake. Some of the Non-Lake Lot Owners construed this broadly enough that they installed a dock and used one of the outlots for activities unrelated to the water (picnics and such). Plaintiff, a “Lake Lot Owner”, had a letter sent to the Non-Lake Lot Owner Defendants demanding that they stop using the outlot and remove the dock. The parties disagreed. Plaintiff sued.
Continue Reading HOAs & Riparian Rights-Can I Put a Dock Here?