Name:   Otter - Subject:   Legal Right to 90 Feet Into the Lake? Date:   5/16/2018 4:31:03 PM

Crimson4Life:

It would be very interesting to find that case, if it exists.

I've heard from a couple of other privaely and here is what I have learned...again, I'm not an attorney.

The are at least two types of easements that can be on land.  However, earlier in the thread a comment was made that if indeed a property had an easement attached to it, if the easement was not recorded with subsequent deeds, then the easement  would no longer apply.  

An easement is permanent unless the parties agree otherwise. But the parties certainly can agree that an easement will terminate at some point, whether at a specific time or when certain conditions occur.

There are all kinds of ways to terminate or abandon an easement.  Too many to go through here.  However, the point that the attorney who developed my development was making to me, if I understand him correctly, was that there was a permanent written easement giving use 90 feet out into the lake that, unless done away with in-writing somewhere along the transfers of title, still exists.  In his search of the title history, he could not find any record of this easement being terminated.

So, back to my original question:  1) Is there any attorney or landowner out there who goes way back who has ever heard of an easmenet such as has been described to me and 2) Can anyone identify the developer who prevailed, in court, over APC in the right to build docks within his 90 foot easement, assuming such case exists?