Real Estate Law

Have Real Estate Law Questions? Ask a Real Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Real Estate Law

I am in the process of selling my home and own a portion of

Customer Question
a pond with my neighbor...
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: 1 year ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 12 minutes by:
8/19/2016
Real Estate Lawyer: Irwin Law, Lawyer replied 1 year ago
Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 7,427
Experience: Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
Verified

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.

I hope that this answers your question. If not, please feel free to send me a reply for further information. Experts on this site (myself) are compensated ONLY if the customer (yourself) "rate" or "accept" the answer.

Please rate the answer so I may receive credit. There is no additional cost to you. Thanks for your understanding and for using JUST ANSWER.

Ask Your Own Real Estate Law Question
Ask Irwin Law Your Own Question
Irwin Law
Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 7,427
7,427 Satisfied Customers
Experience: Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.

Irwin Law is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

10,826 satisfied customers

16 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,657 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,367 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,899 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
I have a copy of a note that the deed and warranty deed has
i have a copy of a note that the deed and warranty deed has been recorded at the county courhouse, how do i get it certified as a certified copy as we are trying to sell the note. the original is not … read more
Ray
Ray
Lawyer
Doctoral Degree
7,367 satisfied customers
My across the street neighbors have a motor home that
My across the street neighbors have a motor home that obstructs my view of the lake. They park the motor home in my next door neighbors carport. I have just come from asking them if they would move it back to THEIR property; where it has been for the last few days: they refused. I live in a HOA and have just sent them a request to investigate the matter, but curious if I have a legal stand. Thanks, Carrie … read more
Attyadvisor
Attyadvisor
Doctoral Degree
6,877 satisfied customers
Can a neighbor block access to my house? There is a shared
Can a neighbor block access to my house? There is a shared driveway that splits off to a circle drive at my house. The house and driveway have been in existence for 35+ years. I am in rural Oklahoma. … read more
Barrister
Barrister
Lawyer
Doctoral Degree
10,826 satisfied customers
My neighbor is threatening to remove my fence that divides
My neighbor is threatening to remove my fence that divides our property. My fence at one point is 5 inches on her property. It has been there for 19 years. The state of NEVADA has a code for " Adverse… read more
Attyadvisor
Attyadvisor
Doctoral Degree
6,877 satisfied customers
Neighbor in back is hanging lights on our fence. They did
Neighbor in back is hanging lights on our fence. They did not ask permission to do this and that neighbor told us that she has the right to hang anything on her side of our fence. Is this true?… read more
LegalGems
LegalGems
Juris Doctorate
10,163 satisfied customers
I was wondering.I have these neighbors that want to put a
Hello,I was wondering.I have these neighbors that want to put a funeral parlor next door to my house.Unfortunately,I found out that I live in a busimess class zone but there are other houses next to m… read more
LegalGems
LegalGems
Juris Doctorate
10,163 satisfied customers
As of September 19 th the warranty went out on my my home.
As of September 19 th the warranty went out on my my home. Two of the several problems have re ocured. I called the realtor With whom I bought the house from and I feel as though I am getting a run ar… read more
Barrister
Barrister
Lawyer
Doctoral Degree
10,826 satisfied customers
San Francisco, CA. Neighbor's fence is falling apart, and
San Francisco, CA. Neighbor's fence is falling apart, and several branches of their tree are hanging over into my yard. What are my options to correct these two situations? Heard I can hire a contract… read more
Attyadvisor
Attyadvisor
Doctoral Degree
6,877 satisfied customers
I signed a warranty deed with vendors lien and recorded it.
I signed a warranty deed with vendors lien and recorded it … read more
Barrister
Barrister
Lawyer
Doctoral Degree
10,826 satisfied customers
I signed a Warranty Deed I Lieu of Foreclosure for a Time
Hi I signed a Warranty Deed I Lieu of Foreclosure for a Time Share with WestGate Resort. The deed does not state that I have to purchase a second property in order to get out of the first property. It… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Neighbor claims that our driveway is on her property back in
neighbor claims that our driveway is on her property back in the early to mid 1980's my father had the driveway paved and it appears to be as much as 13" on the neighbors property. she had a surveyor … read more
Attyadvisor
Attyadvisor
Doctoral Degree
6,877 satisfied customers
Florida Real Estate- Question about a Warranty Deed Contract
Florida Real Estate- Question about a Warranty Deed Contract for sale of a house in Florida:My deceased Mom's house is being sold by the executor: Would it be unreasonable for me to ask that a warrant… read more
Barrister
Barrister
Lawyer
Doctoral Degree
10,826 satisfied customers
I have signed warranty deed based on information that I Now
I have signed warranty deed based on information that I Now know t be to be accurate under what conditions can I void the contract ? … read more
Barrister
Barrister
Lawyer
Doctoral Degree
10,826 satisfied customers
My father gave me property in Pecos NM. In the warranty deed
My father gave me property in Pecos NM. In the warranty deed is a stipulation saying that any future sale of this property can only be made to family relatives. I have a party who is interested in buy… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
If a warranty deed conveyed as:husband and wife, tenants in
If a warranty deed conveyed as:husband and wife, tenants in common, her heirs and assigns.... Upon the death of both tenants would the wife's heirs have total ownership of the property? The intention … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
A General Warranty Deed with Life Estate Reservation:
A General Warranty Deed with Life Estate Reservation: Grantor deceased, Two Grantee's. Can one Grantee sell and another hold? Can selling Grantee receive proceeds from sale or is it held till other Gr… read more
Barrister
Barrister
Lawyer
Doctoral Degree
10,826 satisfied customers
Quit claimed my interest to the other party on Warranty
Quit claimed my interest to the other party on Warranty Deed. How do we DEED property back to both of us as JTWROS ????… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
A person purchased a property and a warranty deed has been
A person purchased a property and a warranty deed has been transferred to his name. However, the deed was not registered with the county (which is legal to do at lest at that state). Does the person s… read more
Barrister
Barrister
Lawyer
Doctoral Degree
10,826 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x