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Waterfront - neighbor building in our allotted space

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sunnysplace

Junior Member
What is the name of your state?What is the name of your state?What is the name of your state? Virginia

Our home is on a lake with all rights of access and use in and to the shoreline adjacent to our lot. The actual waterfront is not deeded, however in the property deed (for our lot) it specially states that we have all rights of access and use in and to the shoreline adjacent to our lot to the fluctuating water line of the lake as indicated by broken shoreline extensions lines shown on plat of survey recorded in plat and deed book yada yada yada

All of our property values and taxes are based upon the footage of waterfront.

In order to build a dock or boathouse, etc on your allotted spaced which is owned by a utility company and defined as Recreational and Agricultural Rights you must get permission. Usually not an issue.

Our problem, our new neighbor who presented himself as our new neighbor is building on the adjacent lot and is building a deck/boat shelter within ‘our allotted water space’. The utility company said the guy is to keep his structure all within his space. We now find out this is a builder with the house on the market with a few contracts pending. We are talking about over 4 feet of waterfront. Now might not sound like a lot, but I pay taxes on that amount and cannot use the side of our boathouse. BTW this guy has over 25ft on his other side to move his structure....

Also, we informed this guy that he is trespassing every time he brings his construction trucks on our property through our front and back yards. His lot has access individually but we have the short cut. He also said he doesn’t care he’s trespassing because he hasn’t done any damage to our lawn (YET)…

I want him to move his structure so I have my waterfront back, what remedies do I have. I’ve talked to the utility company until I’m blue in the face and the county said I have to take this up with the utility company…. What can we do? Can this property be sold with a dispute going on or can we do something to halt the sale until it is resolved. And then how do we resolve it…

Any suggestions… Thanks!
 


JETX

Senior Member
sunnysplace said:
I want him to move his structure so I have my waterfront back, what remedies do I have. I’ve talked to the utility company until I’m blue in the face and the county said I have to take this up with the utility company…. What can we do? Can this property be sold with a dispute going on or can we do something to halt the sale until it is resolved. And then how do we resolve it…

Any suggestions… Thanks!
Yep. You are going to have to file a lawsuit and try to get a temporary injunction until a decision is made. In the meantime, ask your attorney to file a 'lis pendens' on the property to prevent its sale.
 

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