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    sbolitho's Avatar
    sbolitho Posts: 1, Reputation: 1
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    #1

    May 7, 2011, 01:40 PM
    Florida lake front easements?
    I own a home on a lake in south flordia and enjoy the lake and its views however recently people have begun to walk along the lakes edge to get to the clubhouse owned by the homeowners association. This means I am constantly having people walking on my lawn and looking through my windows. I would like to know if I can either build a fence to the waters edge (I believe that the last 4 feet between my property and the lakes bank is an easement.) or can I ask/force the association to place something to stop people using this route. Note that there is a road that supplies everyone acess to the clubhouse.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    May 7, 2011, 01:45 PM

    You say that you "believe that the last 4 feet between my property and the lakes bank is an easement." Who owns the easement and what is the express purpose of that easement?

    If, for example, the easement is owned by the association for pedestrian access to the clubhouse, you wouldn't be able to block it. If, on the other hand, it is a utility (water, sewer, power-line, or whatever) easement, you would have a much better case.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #3

    May 7, 2011, 02:26 PM
    Who owns the lake? In my state, if the state owns the lake, people can walk around the edge, and homeowners can fence only to within a spot past which people can walk. This can vary according to slope, etc.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    May 7, 2011, 03:53 PM

    Why don't you go to the next HOA meeting and raise this issue. It would be helpful if you enlist other neighbors whose porperty is being walked on to join you.
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
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    #5

    May 7, 2011, 06:10 PM

    It may have been some time since you last reviewed the covenants of the HOA but they were given to you when you bought your property. I am fairly certain this issue will be addressed in this document or subsequent rules and regs of the HOA. The easrment is ferequently for just what you wish you did not have, foot traffic. Going to a HOA board meeting would be helpful but you can get a quicker answer from the management office or the HOA building inspector if they have one.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    May 7, 2011, 06:29 PM
    Quote Originally Posted by ballengerb1 View Post
    The easrment is ferequently for just what you wish you did not have, foot traffic.
    I'm not so sure since the OP said; "however recently people have begun to walk along the lakes edge to get to the clubhouse". Since this has only started "recently", it may be new owners or renters who haven't read the by-laws. Clearly the OP needs to review the terms of the easement and the HOA by-laws, though.
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
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    #7

    May 7, 2011, 08:31 PM

    I agree he needs to further investigate but I'll that easement had been there since day one
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