Name:   Lifer - Subject:   Legal Right to 90 Feet Into the Lake? Date:   5/22/2018 7:23:05 AM (updated 5/22/2018 7:36:05 AM)

Anyone can lein anyone's property simply by going to the courthouse and filing the paperwork. It is primarily used by contractors who have a dispute with property owners. It is really easy and doesn't require any proof. No affidavit either. Just fill out the forms and pay the nominal fee. The property owner won't even know, unless someone tells them, until they go to sell or transfer the property. When the title search is done the lein shows up. The lein must be cleared before title can transfer. You must pay it, negatiate a settlement, or go to court to fight it.

What you don't seem to understand is that APCO owns the land under the lake the same way that your neighbors to the left and right own their property. Those neighbors may allow you to use a portion of their property either by hand shake or easement. The handshake will work fine, until it doesn't. If you want/need it to be permanent then you must get it in writing.(easement) that you can build, cross, use their property. If not you wouldn't even consider building anything on the neighbors property.. If you do, it very simply becomes theirs. The lake is no different. You are building something on somebody else's property, with permission. As such they can dictate what and where you build it and to what specs. If you don't want to play by their rules then you simply don't play. If you choose to play and not follow their rules they have legal recourse, just like you do if I were to show up and build anything on your property. I strongly suggest you don't test it. They will win.

Edit- I went back an read your post again. I realized I need to address one issue. APCO would lein your property for the cost of removing an unauthorized structure that you built on their property. Very simple. They could choose to just sue you outright also if they wanted to make an example of someone but APCO is averse of any kind of negative publicity, and some would see it as negative, no matter how correct they would be in their legal position.