Meredith lake access rights

[Elrockk]

hello thanks for the add I bought a Home on Meredith Neck Road my property is not Water Front how do I findout if I have access to nearby Cove

[TheTimeTraveler]

Although I am not positive, but wouldn't any easement be in your property deed?

Also, what was represented to you by either the Real Estate Broker or the previous owner?

Hopefully we have some Real Estate folks who read these forums that will add their 2 cents.

[Elrockk]

was my MIL house was up here 30 years ago and Steve showed me the dock

[TiltonBB]

By "access to nearby cove" what do you mean? The water is public.

I don't know who "Steve" is but if he is available you could start by asking him.

If you think you may own a dock you could check with your town Tax Collector and see what they show for ownership and who has been paying taxes on the land with the dock.

You could check the deed for your property through the county records as well as the deed for the dock property to confirm ownership.

You could ask the abutters to the dock what their understanding of ownership and past use is.

[Biggd]

I would think it would be written into your deed. If it's not, then you probably have no legal rights.
I have rights written into my deed for shared waterfront, but it doesn't specify dock rights. That is controlled by the association.

[Descant]

Originally Posted by Elrockk

hello thanks for the add I bought a Home on Meredith Neck Road my property is not Water Front how do I findout if I have access to nearby Cove

Reading the deed is the obvious first step, but it seems possible there was a friendly agreement about use of the dock 30 years ago. Is the dock still there? Does the tax card refer to it? Who did you buy from? Etc Etc. Is this a permanent dock or a "temporary seasonal dock"? Is there any indication of adverse possession? I'd guess your P & S Agreement refers to a period of due diligence. In that process, your attorney should have found any legal basis for lake access. Call him/her.

Interesting question, so I hope you'll report back to the Forum.

[Susie Cougar]

Originally Posted by Elrockk

hello thanks for the add I bought a Home on Meredith Neck Road my property is not Water Front how do I findout if I have access to nearby Cove

Did you buy 312 Meredith Neck Rd. in August? If this is your house, it says right in the listing that you have a 24 foot dock that is only a short golf cart ride away. I am wondering if the other people that use the beach are just mad that there’s someone new there. Am I on the right track?

[Mr. V]

OP: For a definitive answer hire a local real estate attorney to look into it.

[Elrockk]

im at 280 Merideth Neck Road Steve was my Father in Law he has past im looking at Kelly Cove from what i can see looks like a path from my house to the Cove and 2 sunken docks

[Elrockk]

Originally Posted by Biggd

I would think it would be written into your deed. If it's not, then you probably have no legal rights.
I have rights written into my deed for shared waterfront, but it doesn't specify dock rights. That is controlled by the association.

who are the Association?

[Elrockk]

Originally Posted by TheTimeTraveler

Although I am not positive, but wouldn't any easement be in your property deed?

Also, what was represented to you by either the Real Estate Broker or the previous owner?

Hopefully we have some Real Estate folks who read these forums that will add their 2 cents.

my Inlaws home so no agents but would welcome thier input

[Elrockk]

Originally Posted by Susie Cougar

Did you buy 312 Meredith Neck Rd. in August? If this is your house, it says right in the listing that you have a 24 foot dock that is only a short golf cart ride away. I am wondering if the other people that use the beach are just mad that there’s someone new there. Am I on the right track?

no i bought 280 MNR

[Susie Cougar]

Originally Posted by Elrockk

no i bought 280 MNR

I would ask the neighbor who has the path on their property that leads to the lake, if you have the right to access it.

[Kamper]

Originally Posted by Susie Cougar

I would ask the neighbor who has the path on their property that leads to the lake, if you have the right to access it.

This might not be the best place to start. If they say "NO!" and are wrong, it can create a hostile environment. It could be an innocent error but sometimes people have an agenda. Find out what you can as a point of legal fact, then introduce yourself to your new neighbors so they know who is going down the path.

Good luck!

[TomC]

The deed recorded for this transfer in August mentions nothing about a right-of-way or other access rights to the shore. Maybe years ago there was an informal agreement or something, but nothing "legal" appears to have been conveyed with the parcel in question.

[Biggd]

Originally Posted by Elrockk

who are the Association?

Usually when properties share a deeded waterfront an association is set up to manage the shared waterfront. If it's a public way, then anyone would be able to use it.
Like someone else posted, you need to check your deed first.
Usually, but not aways, there's an HOA fee if you are a member of an association. Someone has to maintain that waterfront lot.

[Susie Cougar]

Originally Posted by TomC

The deed recorded for this transfer in August mentions nothing about a right-of-way or other access rights to the shore. Maybe years ago there was an informal agreement or something, but nothing "legal" appears to have been conveyed with the parcel in question.

That’s what I’m thinking. I didn’t want to burst his bubble by telling him that there was no access shown. I do feel it was a personal agreement years ago and who knows whether it is still valid. That’s why I said to just ask them.

[lagoon]

Originally Posted by Susie Cougar

That’s what I’m thinking. I didn’t want to burst his bubble by telling him that there was no access shown. I do feel it was a personal agreement years ago and who knows whether it is still valid. That’s why I said to just ask them.

So IF there was an agreement or not and the path has been used over the years that would set up a right of way that can't be extinguished.

[Billy Bob]

Originally Posted by lagoon

So IF there was an agreement or not and the path has been used over the years that would set up a right of way that can't be extinguished.

That’s not true at all. It would be very difficult for a new owner to prove the timelines etc needed to win that one. The new owner gets what is on the deed and that’s it. Adverse Possession will be a non starter.

[Biggd]

It would be in his best interest to find out who takes care of the waterfront property. If it's the town, then it is open to all residents of Meredith.

[camp guy]

Originally Posted by Mr. V

OP: For a definitive answer hire a local real estate attorney to look into it.

This is the best answer; this is the simplest answer; this is the only answer. The OP should follow Mr. V advice, the rest of the posts are simply personal opinions with no concrete value. For what it is worth, this is just my humble opinion. Go Red Sox!

[Biggd]

Originally Posted by camp guy

This is the best answer; this is the simplest answer; this is the only answer. The OP should follow Mr. V advice, the rest of the posts are simply personal opinions with no concrete value. For what it is worth, this is just my humble opinion. Go Red Sox!

He should have a deed and he should read that first and foremost. If it's not written in the deed, then a lawyer is probably a waste of money unless you're planning to sue the realtor for misrepresentation.
What is in the deed is legal, what's been represented to you when you purchased is questionable.

[ishoot308]

Originally Posted by Biggd

He should have a deed and he should read that first and foremost. If it's not written in the deed, then a lawyer is probably a waste of money unless you're planning to sue the realtor for misrepresentation.
What is in the deed is legal, what's been represented to you when you purchased is questionable.

Agreed! He bought whatever is in the deed…nothing else…everything else is hearsay and has not legal basis.

Just my opinion…

Good luck though!

Dan

[TheProfessor]

Originally Posted by Elrockk

hello thanks for the add I bought a Home on Meredith Neck Road my property is not Water Front how do I findout if I have access to nearby Cove

Did you have an attorney when home was purchased?

[lagoon]

Originally Posted by Billy Bob

That’s not true at all. It would be very difficult for a new owner to prove the timelines etc needed to win that one. The new owner gets what is on the deed and that’s it. Adverse Possession will be a non starter.

Respectfully I disagree. I have been in NH court on this issue and it is clear that if you can demonstrate a right of way it can't be extinguished. That does not mean or show any ownership of the land, just a right of passage.

[thinkxingu]

Originally Posted by lagoon

Respectfully I disagree. I have been in NH court on this issue and it is clear that if you can demonstrate a right of way it can't be extinguished. That does not mean or show any ownership of the land, just a right of passage.

A landowner allowing people to walk on their property and right of way are completely different, right? Isn't the latter a legally deeded protection and the former simply informal?

Sent from my SM-S911U using Tapatalk

[TheProfessor]

Originally Posted by TheProfessor

Did you have an attorney when home was purchased?

Good point. But no answer so far.

[Billy Bob]

Originally Posted by lagoon

Respectfully I disagree. I have been in NH court on this issue and it is clear that if you can demonstrate a right of way it can't be extinguished. That does not mean or show any ownership of the land, just a right of passage.

The brand new owner, just took possession, will have no way to demonstrate a right of way . They also failed to get anything in writing. This goes nowhere unless the property owner cooperates .