WATERFRONT PROPERTY CAN PRESENT ISSUES ~ Sal's Story

UNSEEN COSTS

From the back of Sal’s home there is a magnificent view of the Lake. You could call it a “million-dollar view”. Sometimes however being on the water comes with costs which do not readily meet the eye. Sal recently discovered his view has such costs.

TROUBLES BEGIN

According to his deed, Sal’s home is part of a Property Owner’s Association which, at least at one time, appears to have owned a sliver of land between his lot and the water. No doubt long ago there was a large sandy beach there, but now the area is mostly made up of rocks and debris serving as a seawall to prevent erosion. When Sal added more stone to reinforce the wall to protect his property his troubles began.

WORKING THROUGH THE ISSUES

After Sal performed the work on the seawall another member of the Property Owner’s Association complained that he was unauthorized to do so. As it turns out, the Association had its charter legally cancelled over twenty years ago. This leads to the initial question as to who now has rights to the sliver of land. Further, the complaining neighbor apparently took his case to the Ohio Department of Natural Resources, as Sal just received a letter from that organization telling him to cease all further improvements in the area. Since the government owns the land where it meets the water, it is possible that a portion or all of the sliver of land is government property. These issues can and will be worked through. However, the matter illustrates that living on the water can present unexpected challenges.

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Kathryn Eyster contributed to this article