We own bay front property. There is a designated 30 ft easement between our home and our neighbors to the East. It’s a 4 home cul de sac. There are plugged canals on both sides of our homes. The neighbor behind us, on the canal adjacent to our property (we have a survey indicating we own 20 ft onto the plugged area we call the beach), wants to open the canal. Last year my husband offered a compromise, that they build a small dock off the easement hoping they would not open try to open canal. Now the are trying to do both. The HOA got permitting for the pier. How do we formally object? My husband is retired real estate but has had several strokes. He seems to be saying they can’t do this as we own the underlying property.
No one can answer that online in this forum because the answer depends on the language in several documents, including the subdivision plat, your plat, the HOA documents and any recorded easements. You will need to hire a real estate attorney to review these.
This communication is not intended to create an attorney/client relationship. It is always recommended you consult an attorney in person to discuss your case.
It's very possible your husband is right; but there absolutely no way at all anyone can help you here on line with this, sorry. It requires a review of your deed, and the neighbor's deed, and a current survey for each; and of the HOA Docs, the "permit," and the easement-creating instruments and /or the plat, etc. Not sure what you mean by "plugged" and to what it would be unplugged TO/FROM; but it also may require a determination as to whether it is a "navigable waterway"(and you would be surprised what oversized PUDDLES the state calls, "navigable"). Consult a good local real estate litigator who can do these things for you and render an informed opinion, as opposed to just a bare guess that you can't really use. Hope this helps. gsg
Responses provided herein are merely commentary on the question posed. They are NOT intended as legal advice, nor to be relied upon by anyone, for any reason, nor to create an attorney-client relationship between you and I; and all askers should consult an attorney for advice regarding each individual matter, since each case is a bit different, and not all information is typically recited in the online question as posted. PLEASE do not contact me directly; I am NOT accepting new clients at this time, and only volunteer here on AVVO to "give back" after a long and prosperous career. Good luck!
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline