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Andrea, Esq.
Andrea, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 11880
Experience:  I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.
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I own a lake front house in the Adirondacks, a neighbor has

Resolved Question:

I own a lake front house in the Adirondacks, a neighbor has a deeded right to use a North dock at the beach for a boat and the beach. Do I have the right to charge a rental or maintenance fee since my insurance covers the beach and I pay the taxes. Also, If I choose to remove the docks could they install their own? There is nothing in my deed that says I have to supply a dock. A few years ago I did by a new dock.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Andrea, Esq. replied 1 year ago.

Dear XXXXX, My name is XXXXX XXXXX my goal is to provided you with Excellent Service

 

Thank you for your question.

 

 

1. Who deeded this right to your neighbor ?

 

 

2. Is your neighbor's right in the form of an easement on your property ?

 

 

3. What does your deed say about being encumbered by the neighbor's right ?

 

 

Please elaborate a bit on how and when this right was created

 

 

Thank you and I look forward to your reply,

 

 

 

 

 

 

Customer: replied 1 year ago.

This is from my deed;


 


EASEMENT:
This conveyance is granted together with an easement over lands of Vista View Condominiums, which easement is described in said Declaration (Deed Reference: 718 cp 214) as follows:
"An easement for ingress and egress by pedestrian traffic and vehicular traffic and all utilities from NYS Route 9 to a frame building located on premises labeled "To be retained by Hildenbrand" on the afore-referenced map and located approximately 350 feet northwesterly of the centerline of NYS Route 9. Said easements shall be fifteen (15') feet in width and shall be centered on the existing dirt drive as shown on said map and shall run from NYS Route 9 along the existing dirt drive to the angle point between the "area reserved for alternate sewage disposal system" and "Unit 3" as shown on said map; thence in a general north easterly direction centered on the existing dirt drive and its extensions to said frame building".

LAKE RIGHTS:
This conveyance is granted subject to a non-exclusive easement and right-of-way appurtenant to the 1.34 acre parcel shown on the 1980 map referenced herein. The parcel subject to this easement is that parcel of land on Loon Lake, shown on the 2004 map referenced herein, bounded on the North by lands now or formerly of Schaefer, on the South by lands of the Vista View Condominiums, on the East by Loon Lake and on the West by NYS Route 9.

Said non-exclusive easement and right-of-way is appurtenant to the 1.34 acre parcel and is for beach, bathing, swimming and boating, including the right to dock one boat on Loon Lake. At this time (2004), there is a dock on said parcel on Loon Lake. The owner of said 1.34 acre parcel, their heirs, successors and assigns are entitled to use said dock, subject to the rights of the owner(s) of said 12.3 acre parcel (2004 survey) and/or the owner of the 1.34 acre parcel to relocate said dock on said 101.0± feet. Any relocation of the dock space by the owner of the 1.34 acre parcel shall be to the northern portion of said 101.0± foot shoreline.

Maintenance of the lakefront and dock(s) shall be shared pro-rata by the owners having rights and/or ownership of said 101. 0 foot parcel, measured pro-rata by the number of occupied dock(s) on said parcel.

Expert:  Andrea, Esq. replied 1 year ago.

Hi, Michael, Thank you for including the recitation of the easement rights.

 

 

Generally, when an easement is granted, the dominant estate (the property benefitting from the easement) has paid the owner of the servient estate (the property encumbered by the easement). If the owner of the servient estate sells his property, the easement runs with the land and the new owner must comply with the easement. When the owner of the dominant estate sells his property, the new owner has the benefit of the easement because the easement runs with the land.

 

When easements are granted, the document usually recites how the costs of repairs and maintenance shall be divided and it appears from the excerpt which you posted, that the document granting the easement in question has addressed that issue in that it provides that the owner of the property which benefits from the easement must contribute to the cost of maintenance of the lakefront and the docks. Therefore, that document granted you the right to request their share of the costs of maintenance.

__________________________________________________________________

 

If I have not Answered your question, please use the "Reply" button to let me know and I will be glad to explain further,

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you,

 

Bonus and Positive Feedback on survey is very much appreciated,

 

ANDREA

Customer: replied 1 year ago.

Am I correct in thinking that this maintenance charge should include partial taxes, insurance, land scape of the beach as well as installation and removal of the dock which is done each year and any other cost which may come up that I pay? What I really wanted to do was charge a flat maintenance fee and not have to be involved with giving these people an accounting each year.

Expert:  Andrea, Esq. replied 1 year ago.

Hi, Michael, Thank you for your follow up question and the opportunity to explain further,

 

"Maintenance" is used in its everyday definition of "to mend, restore, repair". If the original parties to the easement wanted and intended to include the payment of taxes and insurance, they would have had to specifically spell that out because those items are not associated with "maintenance".

 

I can understand what a pain it is to deal with this on an annual basis and how much easier it would be to simply charge a flat fee, but that can only be done if you enter into an agreement with those who benefit by the easement and record the document.

 

I wish I could give you the Answer you were hoping for, and it would have given me great pleasure to do so, but I have an ethical obligation to you to give you only correct Answers and information, so I am respectfully XXXXX XXXXX you not hold the law applicable to your situation against me when rating my service to you,

_________________________________________________________________________

 

 

Please be kind enough to rate "Excellent Service" so that I receive credit

for assisting you, Bonus and Positive Feedback on survey is very much appreciated,

 

ANDREA



 

 

 

 

Expert:  Andrea, Esq. replied 1 year ago.


Hi, Michael, I see that you have had the opportunity to review my Answer. Is there something that I can clarify for you? If not, please be kind enough to rate my service to you so that I can receive credit for researching your question and furnishing you with Answers and information, otherwise I will not receive credit for assisting you. The deposit you made is with JustAnswer and it will not cost you anything additional to rate my service to you, but without a rating, I do not receive credit for my time and effort. Thank you for understanding,

 

______________________________________________________________________

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you,

 

Bonus and Positive Feedback on survey is very much appreciated,

 

ANDREA

 




Andrea, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 11880
Experience: I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.
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Andrea, Esq.
Andrea, Esq.
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I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.