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Building on a Lake Right of Way

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  • 08-30-2011, 07:40 AM
    mumfifty
    Building on a Lake Right of Way
    My question involves a right of way to a lake in the state of New York:

    There is a deeded right of way between my cottage and a neighbor's cottage, leading to the shoreline. Just learned that my neighbor built his dock on part of the right of way. Only a few feet of his dock are on the shore (right of way). Obviously the rest of the dock extends into the lake, which I believe falls within the public domain. However a third party has a deeded
    right to use this right of way (like to put in his boat there).

    Question: If this third party learns that my neighbor's dock (only a few feet of it) is built on part of this right of way, does he have a legal right to demand the dock be removed?

    Many thanks for any guidelines you can give me here.
  • 08-30-2011, 09:36 AM
    flyingron
    Re: Building on a Lake Right of Way
    Does the dock keep him from utilizing the right of way for the stated purpose?

    Don't know about NY, but there are all sorts of regulations around here about building out into the lake. The waters are not "publc domain" (and even if they were doesn't mean that an individual can usurp them for exclusive purposes).
  • 08-30-2011, 05:42 PM
    Newtons_Apple
    Re: Building on a Lake Right of Way
    As Ron mentioned, the construction of a pier is typically highly regulated.

    Was the pier built recently or is it an older pier which you just discovered was over the line?

    What rights do you have in your deeded right of way? Is it for access only, or could you potentially build your own pier within the R.O.W.? Would building setback issues arise if you attempted to build your own pier in close proximity to the pier in violation? Does his pier block access to your riparian lines and/or your ability to navigate to and from the water's edge?

    Local professionals in your area (lawyers, surveyors, builders, town officials) will be able to better answer these questions for you. Start by asking these questions in confidence and go from there.

    I'm guessing here, but it seems you are trying to keep a lid on this information until you've gathered all the facts. That seems to be the prudent thing to do, as public knowledge of a goof like this will create more than a little friction. Good luck, however it turns out.
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