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Woodsy · 09-09-2008, 07:41 PM

I do agree with the littoral rights of waterfront property owners. However, we are discussing an easement....

It seems to me, that we have in this instance is a person who is relatively new to the neighborhood, that doesnt like the fact that the people who own the dock actually use it to tie up thier boat.... and don't grant him any dock access.

So the question remains, how does using one's legal dock/boathouse interfere with a persons lake access via easement? The easement only grants access to the lake. Unless it is clearly spelled out otherwise in the deed.

Does this lake access easement automatically infer littoral rights? If it does, do these littoral rights trump those of the dock owner who also has well established littoral rights. Do the rights of the property owner trump those of the easement holder?

IMHO, the property/dock owner would trump the newcomer... for these reasons.

1. I do not think an easement grants you littoral rights... for example, I don't think that just because you have an easement to the water, you can put in a mooring or a dock... although its well established that property owners can. What happens if an easement holder wants to put in a mooring, but the property owner already has one? or a dock? Does the property owner have to give up one of his moorings or dock spaces? I dont think the rights of the easement holder trump those of the property/dock owner.

2. When was the easement deeded/granted? Was the easement granted after the boathouse was built? or before? If the boathouse was built prior to the easement being granted, then I would think the dock usage would certainly favor the dock owner... not the easement holder.

3. A case for adverse posession could be made if the dock/boathouse was built after the easement was deeded. If the Birdsall family has been using the dock since it was built, and can prove it...

In this instance, I think it will probably take a judge to decide...

Woodsy

09-09-2008, 07:41 PM	#34
Woodsy Senior Member Join Date: May 2004 Location: Weirs Beach Posts: 1,966 Thanks: 80 Thanked 980 Times in 440 Posts	I do agree with the littoral rights of waterfront property owners. However, we are discussing an easement.... It seems to me, that we have in this instance is a person who is relatively new to the neighborhood, that doesnt like the fact that the people who own the dock actually use it to tie up thier boat.... and don't grant him any dock access. So the question remains, how does using one's legal dock/boathouse interfere with a persons lake access via easement? The easement only grants access to the lake. Unless it is clearly spelled out otherwise in the deed. Does this lake access easement automatically infer littoral rights? If it does, do these littoral rights trump those of the dock owner who also has well established littoral rights. Do the rights of the property owner trump those of the easement holder? IMHO, the property/dock owner would trump the newcomer... for these reasons. 1. I do not think an easement grants you littoral rights... for example, I don't think that just because you have an easement to the water, you can put in a mooring or a dock... although its well established that property owners can. What happens if an easement holder wants to put in a mooring, but the property owner already has one? or a dock? Does the property owner have to give up one of his moorings or dock spaces? I dont think the rights of the easement holder trump those of the property/dock owner. 2. When was the easement deeded/granted? Was the easement granted after the boathouse was built? or before? If the boathouse was built prior to the easement being granted, then I would think the dock usage would certainly favor the dock owner... not the easement holder. 3. A case for adverse posession could be made if the dock/boathouse was built after the easement was deeded. If the Birdsall family has been using the dock since it was built, and can prove it... In this instance, I think it will probably take a judge to decide... Woodsy __________________ The only way to eliminate ignorant behavior is through education. You can't fix stupid.