Page 2 of 3 FirstFirst 1 2 3 LastLast
Results 11 to 20 of 22
  1. #11
    Join Date
    Mar 2013
    Posts
    17,288

    Default Re: Deed Language

    If the dock is portable I would think it would not, or should not, be considered "built" on the property, which could be yet another defense.

    Something like this?

    https://i.ebayimg.com/images/g/y2oAA...6Yn/s-l300.jpg

  2. #12
    Join Date
    Nov 2013
    Posts
    6,526

    Default Re: Deed Language

    The docks in the northern region of the country where lakes often freeze over are floating docks. They are removed from the water and stored on land during the winter months. I would agree that they are not built or otherwise structures.

  3. #13
    Join Date
    Oct 2019
    Location
    NE Ohio
    Posts
    11

    Default Re: Deed Language

    Quote Quoting budwad
    View Post
    The docks in the northern region of the country where lakes often freeze over are floating docks. They are removed from the water and stored on land during the winter months. I would agree that they are not built or otherwise structures.
    We aren't using floating docks. We have pipe "bents" (frames) that support 12 foot long sections of wood framed docks. Bents are stacked up against trees vertically and the dock sections are laid down in to stacks maybe 6 foot high.

  4. #14
    Join Date
    Mar 2013
    Posts
    17,288

    Default Re: Deed Language

    Quote Quoting buzzards27
    View Post
    We aren't using floating docks. We have pipe "bents" (frames) that support 12 foot long sections of wood framed docks. Bents are stacked up against trees vertically and the dock sections are laid down in to stacks maybe 6 foot high.
    Again, not "built," so not prohibited by the deed restrictions.

    Gasbag whiner would have to sue for private nuisance:

    https://duckduckgo.com/?q=private+nu...&t=ffab&ia=web

    A suit for the deed restrictions might easily be dismissed.

    Might be worth having a lawyer respond to his "demand."

  5. #15
    Join Date
    Oct 2019
    Location
    NE Ohio
    Posts
    11

    Default Re: Deed Language

    Quote Quoting budwad
    View Post
    A boat house is not customarily built on land. It is built on the water with a foundation in the lake bottom. Therefore, the restrictive language is to not permit a boathouse being built beyond your property line in the lake. What this has to do with your later questions about docks is a bit confusing.

    Without knowing any specific facts about the zoning board claiming that some non-conforming use was grandfathered, it's hard to comment. But you should understand that when a zoning board rules on applications, any use that pre-existed a zoning change is grandfathered (not all) until that use is abandoned or changed to a conforming use. So there may well be situations where there is legitimate grandfathered uses.

    What the zoning board can't do is spot zone. They can't single out someone or a property or group of properties without it conforming to the municipal master plan. I don't see your storage of docks on the lake front during winter as being something that the board would try to control. But since you and other property owners have been doing it, it becomes a question of prior non-conforming use if there was to be a new zoning ordinance preventing it. To be clear, the zoning board does not pass or adopt ordinances. They apply the ordinances that are already passed. It is your municipal or city council that passes the ordinances.

    I think you are over thinking this. If your neighbor wants to sue deal with it when it happens. It would be an expensive lawsuit to prosecute. And for what? Docks covered in snow?
    We don't own the land under the water, so any boathouse would have to be on dry land. The original Grantor of these lot also owned the lake and granted permission to place docks into the water. The park district has "grandfathered" in existing docks now that they own the lake, but isn't allowing land owners to place any new docks, even former dock owners that have tried to reestablish their docks. If we don't place it in the water each year the park claims we abandoned our rights to place a dock, though nobody have challenged their position yet.

    Zoning here has been broken down to a several districts, Some areas allow dwellings on lots as small as 40x60, our district is 60x80 min. to build on it. Believe me, they could easily single out the lake front district with new regulations. No zoning board, no zoning board of appeal. Just a mayor, a 7 member council and a zoning inspector.

    One of my concerns is there has been two suits challenging restrictive convenants in our distant past and the village acted in behalf of the 1931 Grantor (a long since dissolved INC) in both suits. Lost in both, but still worries us that the village will step in for the 1931 grantor.

    We do believe our new member on the dock, the attorney, might change things, but we don't want to bury her with this too soon.

    sorry, could not figure the multi quote thing out.

    Party of his demand letter.

    "Certain of your uses of the lot may be in violation of deed restriction for lakefront lots. The deed restrictions are common for these 'lake front lots' (redacted identifying info). Check your chain of title, the original deed (1931 deed with reference to official records)" He then recites deed language noted above, but inserts "Grantee" in place of "Grantor"...

    "Docks components no longer be stood up, stacked or stored on lot off season thus resulting in unsightly conditions"

    "I would like to resolve this in a neighborly manner"

  6. #16
    Join Date
    Mar 2013
    Posts
    17,288

    Default Re: Deed Language

    One option is to tell him to f--k off. Then wait.

  7. #17
    Join Date
    Nov 2013
    Posts
    6,526

    Default Re: Deed Language

    Quote Quoting buzzards27
    View Post

    "Certain of your uses of the lot may be in violation of deed restriction for lakefront lots. The deed restrictions are common for these 'lake front lots' (redacted identifying info). Check your chain of title, the original deed (1931 deed with reference to official records)" He then recites deed language noted above, but inserts "Grantee" in place of "Grantor"...

    "Docks components no longer be stood up, stacked or stored on lot off season thus resulting in unsightly conditions"

    "I would like to resolve this in a neighborly manner"
    The deed restrictions that you posted has to do with structures. You haven't posted anything in the deed that relates to storage of anything on the property. The docks (by your description) are not structures on the land. Therefore, there is no violation of the restrictions.

    I agree with Jack.

  8. #18
    Join Date
    Jan 2011
    Posts
    303

    Default Re: Deed Language

    I'm a bit nicer than AJ so my response would be more along the lines of:

    Dear Jerk,

    We have planted a row of <insert fast-growing tall evergreen tree species of choice here> ten feet inside of our property line so that you do not have to see our dock stored on our property over the winter.

    Signed,
    Mr. and Mrs. Buzzards27

    I would get a survey first as you don't want the trees to end up on his side accidentally.

    If those trees block the jerk's view of the lake, oh well.

  9. #19
    Join Date
    Oct 2019
    Location
    NE Ohio
    Posts
    11

    Default Re: Deed Language

    Quote Quoting bcr229
    View Post
    I'm a bit nicer than AJ so my response would be more along the lines of:

    Dear Jerk,

    We have planted a row of <insert fast-growing tall evergreen tree species of choice here> ten feet inside of our property line so that you do not have to see our dock stored on our property over the winter.

    Signed,
    Mr. and Mrs. Buzzards27

    I would get a survey first as you don't want the trees to end up on his side accidentally.

    If those trees block the jerk's view of the lake, oh well.
    Thanks for your input. I wish I could phrase it like that, but my wife wouldn't be happy. I did stake out 4 locations close to the road with "Weeping Willow 4' diameter hole" written on the stake after the demand letter. They are as close to the road and his home beyond as would be legal (outside the right of way). If they did get planted his view of water would be reduced by 75% in two year. Plus side is they'd screen the docks off completely.

    Seriously, I don't want to do that. He has been badgering me since the day we bought the lot and I'd settle for him leaving us alone. I do want the legal issues resolved before my dockmaster takes over ownership. the whiner has deep pockets, we have fairly deep pockets, but the dock master would be hard pressed to finance a protracted lawsuit, even if we held all the cards. The whiner's ultimate goal is to have the lot, remove the docks and enhance his view (he can only see 95% of the lake from his easy chair now).

    For now, we are ignoring the letter and waiting on his next move. This has been a very trying two years, beer helps a little, this 12 year old Dominican Republic Rum helps a lot.

  10. #20
    Join Date
    Mar 2013
    Posts
    17,288

    Default Re: Deed Language

    Quote Quoting buzzards27
    View Post

    For now, we are ignoring the letter and waiting on his next move. This have been trying two years, beer helps a little, this 12 year old Dominican Republic Rum helps a lot.
    How about giving him a blanket party? (google it)

    1. Sponsored Links
       

Page 2 of 3 FirstFirst 1 2 3 LastLast

Similar Threads

  1. Transfer of an Easement: How to Understand Easement Language in a Deed
    By LindaCl in forum Real Estate Ownership and Title
    Replies: 2
    Last Post: 11-04-2017, 05:19 AM
  2. Purchase Contracts: Buyer Won't Agree to Changes in Language of the Deed
    By MarathonYogi in forum Buying, Selling and Conveying Real Estate
    Replies: 3
    Last Post: 12-27-2013, 09:43 PM
  3. Co-Ownership: Title Deed Language
    By queenie in forum Real Estate Ownership and Title
    Replies: 1
    Last Post: 11-04-2009, 06:33 PM
  4. Help Interpreting Easement Language In a Deed
    By jim200 in forum Real Estate Ownership and Title
    Replies: 4
    Last Post: 10-20-2007, 05:55 AM
 
 
Sponsored Links

Legal Help, Information and Resources