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Community Dock Issue

Discussion in 'Buying & Selling a Home or Residence' started by Julie W, Jul 5, 2016.

  1. Julie W

    Julie W Law Topic Starter New Member

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    Jurisdiction:
    California
    My parents built a lake front home in 1974 and put a floating dock in front of their property. In 1996 a new neighbor asked my parents if they would be willing to pull their dock and go in with another neighbor on a larger community dock. A check was written for $1200. The check was written to both husband and wife with a memo note "community dock".
    Now in 2016 with both our parents deceased, we want to sell the house and this couple is trying to tell us the sale of our house will not include rights to the dock. They claim with all their boating needs, there is not room.
    I have the original check. Without dock rights, this devalues the price of the home.
    What is your opinion. Can I sue?
     
  2. army judge

    army judge Super Moderator

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    You might want to seek a free consultation from two or three local lawyers.
     
  3. adjusterjack

    adjusterjack Super Moderator

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    You're going to have to. You will need a judge to order that you have dock rights. And you'll need a lawyer to get it done right. Otherwise you have a cloud on your title that, as you say, devalues your property.

    If you don't want to spend the money on a lawyer and litigation, then sell for less and make it clear that you can't include dock rights in the contract because of the dispute.
     
  4. Julie W

    Julie W Law Topic Starter New Member

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    Thanks
    Was afraid of that but am willing. The value of dock privileges could be many tens of thousands.
     

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