Tree

What is the name of your state? CA
I am purchasing a vacation home on a lake. There is a tree in the water in front of the property which obstructs the view. I know I can trim the tree back but can I remove it completely?

[I AM ALWAYS LIABLE]

[quote]Originally posted by CCPENNOCK
[b]What is the name of your state? CA


I am purchasing a vacation home on a lake.

MY RESPONSE: Really? How did you get it to float?



There is a tree in the water in front of the property which obstructs the view. I know I can trim the tree back but can I remove it completely?

MY RESPONSE: Sure you can. Just strap some dynamite to that sucker, and watch her blow up!

Look, you need to look at your deed or mortgage papers to determine your "riparian" water rights and boundaries. A riparian water right provides an owner of property abutting a natural watercourse the right to the reasonable and beneficial use of the water. Riparian rights confer no right of private ownership in the watercourse. [People v. Shirokow (1980) 26 Cal.3d 301, 307, 162 Cal.Rptr. 30, 34; Tusher v. Gabrielsen (1998) 68 Cal.App.4th 131, 146-147, 80 Cal.Rptr.2d 126, 134-135; see also State of Calif. v. Super.Ct. (Underwriters at Lloyd's of London) (2000) 78 Cal.App.4th 1019, 1031-1032, 93 Cal.Rptr.2d 276, 286--groundwater not "owned" by anyone]

A similar "littoral right" attaches to land abutting a natural lake or pond. Such rights generally do not, however, attach to land abutting an artificial lake or pond. [Tusher v. Gabrielsen, supra, 68 Cal.App.4th at 146-147, 80 Cal.Rptr.2d at 134-135--no littoral rights attached to land abutting pond serviced by drain pipe]

In other words, we would have no idea without inspecting those papers.

IAAL

Okay, Thank you, ccp

[I AM ALWAYS LIABLE]

[quote]Originally posted by CCPENNOCK


Okay, Thank you, ccp

====================================

My response:

Okay, you're welcome. But, what I'm more interested in is whether you're going to come back and quote the salient portions of the Deed, or Mortgage papers, to let us know - -

1. If it's discussed, and

2. Whether you understand what is written.

IAAL

I will as soon as I see it. We are in escrow and as of yet I have not seen the papers. Sorry I left for a few minutes, old sick cat needed his medicine.CCP

[I AM ALWAYS LIABLE]

Originally posted by CCPENNOCK
I will as soon as I see it. We are in escrow and as of yet I have not seen the papers. Sorry I left for a few minutes, old sick cat needed his medicine.CCP

My response:

Okay, I'll wait to hear from you detailing the exact portions. Sorry to read about your cat. Hope she feels better soon.

Anyway, did you at least enjoy the humor?

IAAL

Yes,Yes, floating house got it. I can imagine although not with justice I am sure your quick wit in the courtroom. LoL