Tenants In Common Question

[MABOAT]

What is the name of your state (only U.S. law)? SC

Our neighbors would like us to re-deed/re-plat a portion of our land in order to allow them the right to park their boat in our boat dock. In other words the land and boat dock would be turned into a Tenants In Common ownership.

The only reason they make this request is because the local lake authority will not allow us to just let them use the dock they must hold an ownership interest. Otherwise they can only use the community dock that is not covered.

If we were to figure out an agreement is there a way we could maintain control and evict them if there are problems in this type of situation?

Would we have to re-finance by re-deeding and re-platting?

We would want full ownership back when they sold is this possible?

What are some of the worst case scenarios for us if we do enter into an agreement with them?

[seniorjudge]

Q: If we were to figure out an agreement is there a way we could maintain control and evict them if there are problems in this type of situation?

A: You won't have control over that part you deed to them.



Q: Would we have to re-finance by re-deeding and re-platting?

A: Yes. Re-deeding and re-platting are two entirely different things.



Q: We would want full ownership back when they sold is this possible?

A: There are ways to do this. You MUST get a real estate lawyer to do this for you.



Q: What are some of the worst case scenarios for us if we do enter into an agreement with them?

A: They could die, go bankrupt, get divorced, etc. etc. etc.




The only reason they make this request is because the local lake authority will not allow us to just let them use the dock they must hold an ownership interest. Otherwise they can only use the community dock that is not covered.

If I were your lawyer, I'd tell you to tell the neighbors to use the community dock and leave y'all alone.

[HomeGuru]

Originally Posted by MABOAT

What is the name of your state (only U.S. law)? SC

Our neighbors would like us to re-deed/re-plat a portion of our land in order to allow them the right to park their boat in our boat dock. In other words the land and boat dock would be turned into a Tenants In Common ownership.

The only reason they make this request is because the local lake authority will not allow us to just let them use the dock they must hold an ownership interest. Otherwise they can only use the community dock that is not covered.

If we were to figure out an agreement is there a way we could maintain control and evict them if there are problems in this type of situation?

Would we have to re-finance by re-deeding and re-platting?

We would want full ownership back when they sold is this possible?

What are some of the worst case scenarios for us if we do enter into an agreement with them?

**A: where does it state in the local ordinance that an easement can't be used for such purposes?

[MABOAT]

This issue is based on lake access. The lake authority solely governs the conditions you are allowed a dock permit to access the lake. They will not allow anything for private docks but "ownership." Easement would not work.

[seniorjudge]

Originally Posted by MABOAT

This issue is based on lake access. The lake authority solely governs the conditions you are allowed a dock permit to access the lake. They will not allow anything for private docks but "ownership." Easement would not work.

Please answer the question below:

Originally Posted by HomeGuru

**A: where does it state in the local ordinance that an easement can't be used for such purposes?

(Hint: What your neighbors want is very bad for you.)

[MABOAT]

I have not checked the local ordinance but would guess that I, as the property owner, could deed an easement to my neighbor.

However, the lake authority owns the strip of land around the lake and "they" hold all authority for the manner in which a boat dock may be permitted. The lake authority has already made it crystal clear that only waterfront ownership will allow a home owner to use a private covered dock.

It sounds like, from prior posts, that Tenants In Common could end up being a disaster?

[HomeGuru]

Originally Posted by MABOAT

I have not checked the local ordinance but would guess that I, as the property owner, could deed an easement to my neighbor.

However, the lake authority owns the strip of land around the lake and "they" hold all authority for the manner in which a boat dock may be permitted. The lake authority has already made it crystal clear that only waterfront ownership will allow a home owner to use a private covered dock.

It sounds like, from prior posts, that Tenants In Common could end up being a disaster?

**A: please post word for word the clause in the recorded lake authority document that supports your statement.

[MABOAT]

I really could not type out that request. The lake authority governs all the major lakes. The person in charge has clarified that if I go with Tenants In Common they will grant my neighbor access to the dock. Otherwise the neighbor must use the community dock.


Tenants In Common sounds like something we should stay away from if at all possible.