Quote:
Originally Posted by The Real BigGuy
Two problems with your last paragraph:
1) The boat slip owners own the launch ramp and “unrestricted access” to it. It is now locked off in clear violation of the condominium documents.
2) Not only do the boat slip owners have “unrestricted access” to their docks according to the condo documents but, that section of the storeowners property has essentially been an unrestricted public way for over 30 years.
I believe there is law that basically says you cannot suddenly block access a parcel like that.
Maybe one of our legal scholars can chime in.
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For clarity, what is being referred to here is that the association owns a second boat launch that is next to the town pier/launch for the association members’ private use.
The association documents state that the boat slip owners have “the complete and absolute right to have access over Parcel “A” [the blocked off area] to said docks and wharves or to said boat launch for any and all purposes.”
Any suggestion that the boat slip unit owners only have walking access over this area is belied by the fact that there is the boat launch that can only be used with vehicles, and that the documents provide that the boat slip owners have access over this “for any and all purposes.”
One need not resort to the doctrine of adverse possession to establish the boat slip owners’ unrestricted rights to use the blocked off area with vehicles to drop off, load/unload, or use the boat launch—that is what “for any and all purposes” would cover. The doctrine of adverse possession is in general difficult to establish, and would require going to court to establish the claim. It requires 20 years of continuous, adverse use without the owner’s permission. But, as noted, there is no need to resort to this because the documents clearly give the boat slip owners the right to have unrestricted access, including for vehicles.