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Encroachment Liability Lakefront dock

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libra58

Member
What is the name of your state (only U.S. law)? NJ I own a lakefront prop., We had some concerns with our prop. lines and had a survey done recently. The survey confirmed the property behind us is not lakefront but lakeview..The lakeview property owners have a deck built on our land built by the prior owner...We did not know prior to the survey this strip was part of our lot. I have the following concerns and would appreciate any advice with to resolve: Liability, the dock can not be seen from My home due to the wooded nature of the lot, I'm concerned with the use of the dock resulting in injury, some boards are rotted. Some trees have been cut and a firepit dug, resulting in debris piles on our property. I would hope this can be addressed peacefully, *but* I can only imagine the new homeowner will react badly to being informed they do not own a lakefront property and that the dock will be removed. What are the legal steps I should take to protect Myself ? My main concerns are liability issues that could arise due to the condition of this dock and the debris. Thank-You in advance for any replies.What is the name of your state (only U.S. law)?
 


154NH773

Senior Member
Make sure your survey is correct. It is strange that you were unaware of your ownership. Do the deed descriptions of both properties support your ownership? It might pay to do a title search of your property and his to make sure there are no surprises.

If the property is yours, have a lawyer write him a notice to remove his structures from your property in a reasonable amount of time, or you will remove them and bill him for the expense.
 

libra58

Member
Hi and Thank-you all for Your replies & suggestions. We have decided to remove the dock as it was not really built with proper materials and with out permit by the former owner, WE don't need any risk associated with it's use that may cause Our HO ins. rates to increase due to any claims that may arise...We are going to approach the current homeowners and offer an agreement for them to use the strip of land and maintain it for their use, barring any installation of structures, as well as hold us harmless for any liability associated with its use, if they are not receptive..Then We will, have little recourse other than written notice informing them they do not have consent to use and will be trespassing if they enter, clear,alter or use any portion..Hopefully We can work out an agreement that will satisfy us all. Thank-you for Your Replies :)
 

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