Name:   Crimson4Lif - Subject:   Legal Right to 90 Feet Into the Lake? Date:   5/23/2018 12:18:12 PM

Ok Lifer I see your point however both the contractors lien and mechanics lien both are filed with the condition I owe them something for work performed on some kind of property.  Every lien I have found is tied to the fact the property owner OWES someone something.  In our example I dont owe anyone anything.  I know in this backward state anyone can sue for anything so I get your point there but in reality I thought you meant there was really a legitimate lien that could be placed on a property for an this kind of easement violation.  In the end I actually know more than I originally thought and the answer to the lien is false.  A good way to look at it....what is the lien value?  There is no value to a lien if there is nothing owed to anyone.  I find it hard to see a judge even entertaining the lien unless he/she is in AP's pocket...which in this state...very possible.     

I live in a residential neighborhood (not at the lake) and there was a huge issue with the home builders they were bringing in to develop.  The homeowners went ballistic being afraid the builder coming in was going to build a cheaper house and cause the values to drop on the other existing homes.  People were doing things to protest...such as signs in yards.  The HOA warned everyone that if they continued to violate the covenants (no signs allowed) they would be forced to place liens on the property.  One homeowner went and paid his house off and basically gave them the finger.  No lien could be placed on the property and there are no such fines setup in the HOA so nothing legally could be done to the homeowner.  Paying the house off freed him from any type of lien the HOA/developer could put on the property.  That is a fact and the home owner was a neighbor to me so I had many discussions with him and his attorney and know all the legal jumbo that goes with it.  He then flipped on them and forced the builder to prove that building a house at a much cheaper price and argueablly with cheaper materials would not cause the comp's to be lower and ruin/lower home values.  No answer by the developer was ever given but they eventually decided to leave the neighborhood.  

I mainly wanted to be aware of anything legally I could do to hurt myself such as the easement violation and wanted clarity.  I still think AP probably does not have the deeded easements filed the way it would need to be on some of these properties and homeowners just dont know about it.  Am I going to go research it...no....does it change my lake life...no....in the grand scheme does it even matter...no...but I am curious. 

Happy Memorial Day