Rant. We were sold a dock that is apparently not ours!

Criskin

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Ok, this is a kind of long story but I am so angry I need to rant! I just want to scream!

Hubby and I bought our first house this spring. It is a cute little cabin on a Fish and Game owned lake with a boat dock…or so we were told. On the real estate description, it said it included the private dock viewed from our back window. Our realtor specifically contacted the seller (who is a realtor as well) and asked if the dock was part of the property and he said yes. As we were cleaning up the dock, however, the next door neighbor came out, asked us what we knew about the dock (which was only what we were told-that it was part of the property) and said they thought it might be theirs. They had fish and game guy come out, when we weren’t here, and he told them it was adjacent to their property. Well, technically F&G owns 20 feet from the shore but people are responsible for what is attached to their land by an “imaginary line” from their property. He told them the dock was theirs and they got it permitted on his word.

Well, we then contacted the guy who sold us the property and he sent us an addendum from the previous owners transferring rights to the dock to the new owner (him). He had only owned the house for a year and didn’t bother to get the dock permitted. I contacted the lady who had owned the house for 10 years BEFORE him and she said that the dock was built by the previous owner of our house and she had permitted it every year. After she sold the house, F&G kept sending her notices to renew the permit until she told them she had sold the house. She also said that the current neighbors had lived there while she did and there was never a question of whose dock it was…she thinks they waited until we bought the house and when they found that we didn’t know the history of the dock they pounced. The previous owner also knew the man who owned their house before and she said he knew the dock was not part of his property and did not sell it to them as such. (As evidenced by the fact that they weren’t sure of ownership)

Anyway, we called the F&G guy AGAIN and he came out AGAIN. After looking at all of our documentation and being given contact information for the previous owners (who were not contacted) he said he would recommend that we just be allowed to move the dock. However, he said it appears that our “imaginary line” slants over so that we don’t even own lake front, more of the end of a little inlet coming off of the lake. Anyway, he sent a report to his superiors and after 2 weeks we received a letter that says F&G aren’t responsible for determining who owns the dock (although he told them it was theirs and they were able to permit it on his word). The letter goes on to say that it is up to the neighbor to decide if we can move it, etc. He also said that we can build a new dock...however, from the imaginary property line it would have to be a tiny 3x4’ structure in a shallow inlet.

I’m definitely not one of those people who go around suing, but now my dream house is turning into a nightmare…not only does it decrease my property value significantly but I also have a great view of my neighbors enjoying a dock I was sold but now have no rights to!
 
I would contact a lawyer, asap. Sorry this is happening to you
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I would be beyond frustrated and disappointed. That sounds completely wrong to me. I agree with Insiderart, call an attorney.
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Coincidentally, our Realtor is my SIL and her husband is an attorney, though he handles criminal cases as an assistant D.A. We're going to let him look at the latest letter and see what he thinks we should do as far as filing papers. He can handle paperwork for us but because of his job he can't officially represent us...we may have to hire an attorney who specializes in real estate. It sucks, though, because we are barely scraping by without legal fees to worry about.
 
You're going to need a lawyer I'm afraid. It sounds like the neighbors took advantage of the situation. That would make me spitting mad also, and it would be a cold day in H E Double Hockey Stick that I would let that slide.

I wish you all the best of luck. Our neighbors are going through something very similar with their horse farm/business, and they have to sue everyone involved in the whole mess.

Bluemoon
 
get a lawyer and quick

If its like a fence or any other permanent structure, I think there is a law that says even if its over the property line, if its used for x amount of time and not disputed, it becomes the users property.
 
Get your property surveyed...or go to your local auditors office. You can search to see if the property's already had a survey done.
 
We own a lake house with a dock. As the water drops in summer, our neighbors move their docks over toward our side. Ours is on deep water and really never needs to be moved. Just because they scrunch up close to us does not mean we OWN their docks. Our docks have permit numbers and those are recorded by the authorities (corp of engineers in our case.) The permit must be transferred to a new owner, so you can look back through the permit history and find out if there was ever a formal transfer or sale of the dock. If not, then it should be easy to figure out. I agree that you need a real estate lawyer. Additionally, you can sue the real estate agent who sold it to you, as well as the previous owner for misrepresentation and/or non-disclosure. Possibly get out of the sale, or get a settlement. Or you could sue the dock snatchers for theft of property.
 

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