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  1. #1
    Join Date
    Aug 2008
    Posts
    3

    Default Assistance with Right of Way for Lake Access

    I looking at purchasing a home that has ROW access to a lake. I believe this ROW is shared with three parties and I had a few questions. What are the most important issues I should be concerned with? How does use of the ROW work (I.e. can I bring a lawn chair and hang out on the ROW)? Is the holder of the fee the owner of the land/property or does that mean something else? Any taxes or other expenses (i.e. maintenance) that are associated with a ROW?

    I have the ROW deed in hand, but don't understand all of it. I can also post the deed if further clarification is needed.

    Thanks.

  2. #2

    Default Re: Assistance with Right of Way for Lake Access

    You have whatever rights the deed says you have. I would suggest that you talk to the other parties involved.

  3. #3
    Join Date
    Aug 2008
    Posts
    3

    Default Re: Assistance with Right of Way for Lake Access

    Quote Quoting lwpat
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    You have whatever rights the deed says you have. I would suggest that you talk to the other parties involved.
    Yes, I will talk to other parties involved as you suggest. I was hoping to get a little more educated on ROWs before contacting them though since I'm not sure how they work.

    Regarding usage, the document seems to be very vague. It states "first, that the parties of the second part shall quietely enjoy the said premises"

    Beyond that it doesn't say much regarding the use and I'm having difficulty following who has ownership of the actual property.

    It says "second, that said parties of the first part will forever warrant the title to the said premises." Does that just mean I have the rights to use forever? How do I tell who actually owns the land? Could I possibly have any ownership in the parcel of land?

  4. #4

    Default Re: Assistance with Right of Way for Lake Access

    Ask your attorney since he can read the entire document.

  5. #5
    Join Date
    Aug 2008
    Posts
    3

    Default Re: Assistance with Right of Way for Lake Access

    Quote Quoting lwpat
    View Post
    Ask your attorney since he can read the entire document.
    Thanks for the wonderful advice! I thought the whole point of this website and forum was to help people with their legal questions, but I guess I was wrong.

  6. #6

    Default Re: Assistance with Right of Way for Lake Access

    Some questions can be answered on a forum and some cannot. Legal documents such as deeds are read in their entirety to determine the intention of the parties. Past usage also plays a part which is why I suggested that you talk to the other parties. You yourself admitted the document is vague.

    Even judges can disagree on the meaning of a document.

    You received the correct advice. Take it.

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