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Jan 10th, 2023
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Joined: Jun 2022
Posts: 1
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OP
Joined: Jun 2022
Posts: 1 |
Hello all, first time poster here,
I have a question that I hope to get some clarity on.
My neighbors and I each own a piece of a pond in a residential neighborhood.
I own about 25% of a narrow end, another neighbor owns 50% of the wider pond area and a final neighbor owns the last 25% on the other end.
My 50% neighbor owns a piece of property directly across the pond from his residential side that he cannot access without walking abound one of the ends of the pond. (Across either mine or my neighbors property’s)
He wants to build a bridge across the narrow end of the pond on his property that is adjacent to my property but this will restrict me from access to the other 75% of the pond.
Does anyone know if he can do this? I live in Virginia. We have an HOA but it not specifically mentioned.
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Joined: Mar 2005
Posts: 21,505 Likes: 269
Moderator Hall of Fame 2014  Lunker
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Moderator Hall of Fame 2014 Lunker
Joined: Mar 2005
Posts: 21,505 Likes: 269 |
You are going to need a Va. real estate attorney.
HOA, subdivision and real estate matters vary greatly from state to state.
Suggestion - see what attorney handled the formation etc. of the Subdivision.
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Joined: May 2009
Posts: 5,727 Likes: 285
Lunker
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Lunker
Joined: May 2009
Posts: 5,727 Likes: 285 |
Perhaps he would be open to a draw bridge section? Nice to stay friendly with neighbors when possible. Do you each own parts of the bottom of the pond?
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Joined: Jan 2009
Posts: 28,565 Likes: 850
Moderator Ambassador Field Correspondent Lunker
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Moderator Ambassador Field Correspondent Lunker
Joined: Jan 2009
Posts: 28,565 Likes: 850 |
Hello all, first time poster here,
I have a question that I hope to get some clarity on.
My neighbors and I each own a piece of a pond in a residential neighborhood.
I own about 25% of a narrow end, another neighbor owns 50% of the wider pond area and a final neighbor owns the last 25% on the other end.
My 50% neighbor owns a piece of property directly across the pond from his residential side that he cannot access without walking abound one of the ends of the pond. (Across either mine or my neighbors property’s)
He wants to build a bridge across the narrow end of the pond on his property that is adjacent to my property but this will restrict me from access to the other 75% of the pond.
Does anyone know if he can do this? I live in Virginia. We have an HOA but it not specifically mentioned. Listen to what ewest says, he practices law.....
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Joined: Nov 2007
Posts: 3,411 Likes: 616
Lunker
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Lunker
Joined: Nov 2007
Posts: 3,411 Likes: 616 |
ewest is of course correct as regards the legal issues.
RAH has an excellent idea. Working out a mutually beneficial plan is usually much cheaper than dragging in lawyers.
I have seen a "swing" type bridge that could easily pass a large bass boat through the open span. It was just steel grating on oilfield pipe with welded on hand rails. Ugly as can be, but very cheap and effective.
I would imagine your neighbor could build a floating section of the bridge that could be easily moved for you to access the full lake? I am sure you can come up with much better ideas that fit your situation - if everyone likes the plan.
Good luck on your project. I hope you get everything to work out well!
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Joined: Jan 2015
Posts: 997 Likes: 57
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Joined: Jan 2015
Posts: 997 Likes: 57 |
I think a bridge would not be in your best interest. As a last resort, consider giving him an easement across your property(shoreline).
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Joined: Mar 2017
Posts: 342 Likes: 85
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Joined: Mar 2017
Posts: 342 Likes: 85 |
What about an arched or elevated bridge... something your boat could go under?
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