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Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 7243
Experience:  Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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I am in the process of selling my home and own a portion of

Customer Question

I am in the process of selling my home and own a portion of a pond with my neighbor. We are wanting to get a pond agreement per a stipulation from my buyers on the purchase agreement. If my buyers want to put a beach in are they able to legally on their property and also where are they able to swim?
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Irwin Law replied 9 months ago.

This is a very tricky question. Usually, abutting property owners have the right to use the entire pond. In other words, there is no "your side" of the water vs "my side". If the beach is entirely on one owner's property, it belongs to them. Now here's the rub. Any representations about the lake that you make to your buyer can be construed as warranties, and if the neighbor causes problems over them later on, your buyers will come back on you. The lake is what and where it is. It should be up to the buyers to determine what the conditions of using the lake are.

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