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Old 07-13-2018, 10:48 AM   #17
shore things
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This is an interesting question that we have not been forced to answer yet. DES takes the position that the docking facility was legally installed and therefore can remain. The buyer of the abutting property bought into a pre-existing "knowable" situation. That said, the permit for the dock would have been recorded with the deed on which the dock is installed, not the abutting property, so this is not something that would show up in a title search. If dock in question is a permanent dock then it is a situation that should have been completely visible to the buyer beforehand. If the dock is seasonal and the property is sold over the off-season or if there is a recent, active permit and construction hasn't occurred yet then the buyer might be in for an unpleasant surprise. DES has received some conditional waivers and in those instances the permit for the dock should contain Specific Conditions that reflect the conditional waiver granted by the abutter.
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