Waterfront right of way and dock

[mrbill02931194]

Hello,

I have a question regarding my property. I own close to an acre on a Lake in Maine. I have a peninsula that sticks out in the water and my property lines are well to the right and left of the only land crossing to get to this peninsula. I have a neighbor that last year decided to put in a dock across the water and land on this peninsula without my permission and if they put in a boat landing, would be directly in front of my frontage. What are my options to block this or legal action to rectify this? They are in the process of selling this property and the real estate agents are selling this as an option for the new owners.

Thank you,
Bill

 

[FlyingRon]

You're going to need a land user lawyer in the local municipality. This is one of those things that extremely regional (and the county, any HOA, and whoever is responsible for the lake, all have rules about it).

 

[154NH773]

I agree you will need local advice. In NH a dock cannot be closer than 20 feet to a neighboring property in any direction, and a dock permit will only be issued with a signed waiver from the neighbor if it is closer that 20 feet.
The dock permits are issued by our State DES and have other limitations besides setbacks. Google "Maine Dock Permits" for some information.
It's not completely clear to me who owns this peninsula? You say, "I have a peninsula..." If you have ownership, how could anyone else land there or put in a boat landing? That would be trespass. Please be clearer about the configuration of the land and ownership.

 

[Terminus]

Title Opinion

You may also want to talk with a title attorney or a surveyor. While your boundary lines may be well right and left of the peninsula....there is the possibility you own only to the high water line, etc. Dealing with lake lots is very tricky depending on the size of the water body (great ponds, lake, etc) and other issues (power company owning title to the lake bed but allowing docks, etc).

Other wise I agree with the above posters....get a local attorney who is familiar with the lake you own on in general.