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To: A CA Guy
People liked getting the view for free when they bought the property. No way they didn't know it wasn't part of their property.

Wow, reading some presumption into this article, aren't you? Why do you say there was "no way?" The one really obvious way they could believe it was "protected" if not owned was if there was a developer's agreement describing the lake as "common area," which is a very typical way to develop in Florida. Lake is made when fill is used to level lots, homes are built around lake, developer maintains lake for a period of time then conveys to Property association. The average property owner does not monitor the ownership of the common areas and as long as the developer still has record title, tax notices will be sent to him and not the homeowners. In this case, there was little to protect the homeowners apparently.

A different question is raised on what to do about it. Posters have suggested eminent domain, adverse possession and easement theories, the correctness of which depends largely on one's politics.

Still, it seems unfair to "blame" it on the homeowners without more facts suggesting their culpability.

1,002 posted on 05/14/2002 3:20:41 PM PDT by Boatlawyer
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To: Boatlawyer
BL if it would be in an association with control and fees if that was in any way the case. There is no such thing as a common where nobody is resposible for it unless it is a public land where the Feds or State control it. It was obviously private and I bet some around the lake knew it was for sale and didn't try to purchase it. The wise move would have been to buy it, stock it full of fish as your private lake and get permission to build a dock if you could. I don't know if there were restrictions to using it as a private lake after it was purchased.
1,099 posted on 05/14/2002 9:58:29 PM PDT by A CA Guy
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