Mrs Bridges
Member
What is the name of your state? Maine
My neighbors sold their home, and now I have a new neighbor. She is not living there full-time yet. Her property used to be part of my family's property (which is now my property). In 1967, my parents sold this parcel to family friends, and at the same time created an easement over my homestead lot to benefit this parcel, which reads,
"Also granting a right of way to the wharf on the shore of the Kennebec River for the purpose of ingress or egress to the wharf to maintain a float, over other land of the Grantors (more particulary described as Lot 9, Map 42, Wharf Area.....etc."
Our old neighbors moved, taking their boat, but selling their float and ramp with the house. It is still attached to my wharf. My new neighbor does not have a boat. Reportedly, she is not particularly interested in the ROW to the river aspect of this property, but purchased it because it is close to town.
Evidently, the lone float with no boat has been enticing to a number of pre-teen boys from the town who have discovered it. They have been swimming there recently, jumping off the float into the water. I went down and asked who they were, and inquired could they all swim. I cautioned them about walking around barefoot on my land, as my husband built our float there recently, and there could be a stray nail. I also cautioned them about going near the demo wood pile of the old float. Then I went up to my new neighbor's house and introduced myself and exchanged a few pleasantries. She said that she does not get too upset about kids playing on her property because they have short attention spans, and soon they are off doing something else.
My other neighbor who is on the river side, like we are, saw the boys the other day when I was away. He said they were "playing chicken" and swimming underneath the float, and seeing who could stay underwater longest. The river does have a strong current, and many years ago my neighbor had the sad task of pulling two drowned boys out of the water there in the cove. So he went out and told them it was private property, and that they had better leave. That was about a week ago, and as far as I know, they have not been back.
When my parents originally granted the right of way in 1967, the intent was ingress or egress for boating access. Is my new neighbor allowed to give permission to whomever for swimming off her float? If someone should drown, am I liable? In the past, counsel has told me that as long as I don't have something negligent on my property, such as an open well, that I really don't have to be overly concerned. I am certainly not the only waterfront property owner, and anyone could gain access to river over any number of properties and drown.
Next question. Currently, my neighbor does not have a boat. Is she allowed to give permission to a third party to tie up to her float, and cross my land? My understanding is that the ROW is supposed to be for the benefit of her property. So if someone were visiting her, and they came by boat to do it, and were her guests -- then okay. But, otherwise, it would be overburdening the easement.
Thanks in advance for your opinions.
My neighbors sold their home, and now I have a new neighbor. She is not living there full-time yet. Her property used to be part of my family's property (which is now my property). In 1967, my parents sold this parcel to family friends, and at the same time created an easement over my homestead lot to benefit this parcel, which reads,
"Also granting a right of way to the wharf on the shore of the Kennebec River for the purpose of ingress or egress to the wharf to maintain a float, over other land of the Grantors (more particulary described as Lot 9, Map 42, Wharf Area.....etc."
Our old neighbors moved, taking their boat, but selling their float and ramp with the house. It is still attached to my wharf. My new neighbor does not have a boat. Reportedly, she is not particularly interested in the ROW to the river aspect of this property, but purchased it because it is close to town.
Evidently, the lone float with no boat has been enticing to a number of pre-teen boys from the town who have discovered it. They have been swimming there recently, jumping off the float into the water. I went down and asked who they were, and inquired could they all swim. I cautioned them about walking around barefoot on my land, as my husband built our float there recently, and there could be a stray nail. I also cautioned them about going near the demo wood pile of the old float. Then I went up to my new neighbor's house and introduced myself and exchanged a few pleasantries. She said that she does not get too upset about kids playing on her property because they have short attention spans, and soon they are off doing something else.
My other neighbor who is on the river side, like we are, saw the boys the other day when I was away. He said they were "playing chicken" and swimming underneath the float, and seeing who could stay underwater longest. The river does have a strong current, and many years ago my neighbor had the sad task of pulling two drowned boys out of the water there in the cove. So he went out and told them it was private property, and that they had better leave. That was about a week ago, and as far as I know, they have not been back.
When my parents originally granted the right of way in 1967, the intent was ingress or egress for boating access. Is my new neighbor allowed to give permission to whomever for swimming off her float? If someone should drown, am I liable? In the past, counsel has told me that as long as I don't have something negligent on my property, such as an open well, that I really don't have to be overly concerned. I am certainly not the only waterfront property owner, and anyone could gain access to river over any number of properties and drown.
Next question. Currently, my neighbor does not have a boat. Is she allowed to give permission to a third party to tie up to her float, and cross my land? My understanding is that the ROW is supposed to be for the benefit of her property. So if someone were visiting her, and they came by boat to do it, and were her guests -- then okay. But, otherwise, it would be overburdening the easement.
Thanks in advance for your opinions.