Outlot for subdivision

[Bigshott]

What is the name of your state (only U.S. law)? Michigan
Hi all, I belong to a subdivision that is located on a lake. none of the homes are on the lake. The homes facing the lake have a separate parcel (separate property tax #) that butts the lake. The subdivision has several outlets that belong to the subdivision and one of the lot owners that butts the outlet property has been using the outlot property as his own personal property by locating his dock pieces on the outlot for the winter and allowing his friends to put boat lifts in front of the outlot. He and his friends also park their cars on the outlot instead of their own property blocking ingress and egress to the water for the other sub owners. It irritated the sub home owners and was asked not to do it, did not stop, so we went to the city and asked for a fence permit and they said if it was under four foot, one was not needed for the property. He is a lawyer, and got another firm to start correspondence with us to take down the fence or risk a suit, claiming that a fence was considered an improvement, we were not allowed to do that. We do not have a HOA for the 140 home sub., about 20 home owners provide the muscle to maintain the outlet property. Can a fence be erected or not. Thanks

 

[Zigner]

What is the name of your state (only U.S. law)? Michigan
Hi all, I belong to a subdivision that is located on a lake. none of the homes are on the lake. The homes facing the lake have a separate parcel (separate property tax #) that butts the lake. The subdivision has several outlets that belong to the subdivision and one of the lot owners that butts the outlet property has been using the outlot property as his own personal property by locating his dock pieces on the outlot for the winter and allowing his friends to put boat lifts in front of the outlot. He and his friends also park their cars on the outlot instead of their own property blocking ingress and egress to the water for the other sub owners. It irritated the sub home owners and was asked not to do it, did not stop, so we went to the city and asked for a fence permit and they said if it was under four foot, one was not needed for the property. He is a lawyer, and got another firm to start correspondence with us to take down the fence or risk a suit, claiming that a fence was considered an improvement, we were not allowed to do that. We do not have a HOA for the 140 home sub., about 20 home owners provide the muscle to maintain the outlet property. Can a fence be erected or not. Thanks

Your question is too complex and deals with too many specific, local issues for you to be able to get an answer from an internet forum. You will want to consult with a local real-estate attorney.

Good luck.

 

[Bigshott]

Your question is too complex and deals with too many specific, local issues for you to be able to get an answer from an internet forum. You will want to consult with a local real-estate attorney.

Good luck.

I think i did write too much, LOL, my simple question is... is a subdivision allowed to put up a fence on on outlet?

 

[Zigner]

I think i did write too much, LOL, my simple question is... is a subdivision allowed to put up a fence on on outlet?

Thanks for clarifying. However, the answer remains:

Your question is too complex and deals with too many specific, local issues for you to be able to get an answer from an internet forum. You will want to consult with a local real-estate attorney.

Good luck.

 

[Bigshott]

thank You for your reply

 

[justalayman]

Just to toss this out there:

What are you defining as the subdivision? A subdivision is simply a platted division of land. If there is no administrative body, the subdivision cannot do anything. That can be part of the problem with a subdivision with no HOA.

The individual owners can only do what their deeds allow them to do with subdivision property. Depending on what is attached to their deeds regarding restrictions and rights, they may or may not have a right to install a fence on subdivision property.

 

[154NH773]

As stated above, this question needs local legal assistance. However; who is named on the deed to the outlot? Somebody, or some entity, must be named as owner. If an association is named, who makes up the association? Perhaps the builder of the subdivision is owner, and if so, you would have to work through the builder.

A search of the title(s) should determine who has authority to decide what may be done on the property, and if you have any rights at all. Do you have an easement to use the property?

Once again; there are too many questions that need better answers before anyone on here can advise you. A local lawyer should be able to research and determine your (and others) rights without too much trouble.