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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33716
Experience:  15 years real estate, Realtor. Landlord 26 years
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I recently purchased a property in North Carolina that came

Customer Question

I recently purchased a property in North Carolina that came with a 6 ft pedestrian easment behind my home leading to a lake. The deed states that I have the right to maintain, construct and improve the easment and install a stone pathway and lighting. However, the property owner says the easment ends at the water and I'm not allowed use or access to the lake in anyway. Since the intent of the easment use is not stated am I not allowed to use or access the lake? It seems odd we would be allowed to walk to the edge but not allowed to use the lake.
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  Barrister replied 8 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Who actually owns the lake?

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Is it privately owned, or owned by a HOA, a utility, or municipality?

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And the easement doesn't specifically give you rights to access the lake?

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thanks

Barrister

Customer: replied 8 months ago.
The Lake Pinehurst is owned by the private Pinehurst country club.The easment does not specifically give the rights written in the deed. The property I purchased was the original property on the entire lake lot. It was divided and another house was built on most of the lake frontage and mine was given the easment at that time. The property owner that has the easment said I'm only allowed to occasionally walk the path to the lake. The deed specifically states: the “right to install, construct, maintain, and repair a flagstone type pathway landscaping and pathway lightning” to the lake.
Expert:  Barrister replied 8 months ago.

Ok, then while it is odd, if the lake is privately owned, then your easement only allows you to make a path down to the water, but not actually enter the lake or use their private property..

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The easement is strictly controlled by the written wording in it. If it doesn't' give you rights to the lake, you don't have any.

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So you can build a nice path down to the water's edge to look at it if you want to, but can't actually use the lake unless you work something out with the country club..

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thanks

Barrister

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