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To: Labyrinthos
I would be curious to know what kind of restrictive covenants, if any, run with the lake. Those survive tax sales and I would imagine the lawyer hired by the homeowners will be researching that.

In ignoring the adage, "pigs get fed, but hogs get slaughtered," the lake owner has probably succeeded in buying a truckload of litigation by simply asking too much from the property owners. I am sure there are many attorneys in the Valpriso area who would represent the homeowners for only $5K each!

345 posted on 05/14/2002 8:19:54 AM PDT by Boatlawyer
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To: Boatlawyer
I would be curious to know what kind of restrictive covenants, if any, run with the lake. Those survive tax sales and I would imagine the lawyer hired by the homeowners will be researching that.

I would research restrictive covenants and reciprical easements (which are every much a property right as the property rights of the fee owner), as well rights under the law of adverse possession and prescriptive easements. (Although adverse possession/prescriptive easement usually requires an adverse and notorious use over a 10 or 20 year period, those requirements are often satisfied absent an express grant of permissive use.) I would also look at the right of redemption.

378 posted on 05/14/2002 8:41:16 AM PDT by Labyrinthos
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