Name:   Lifer - Subject:   None so blind as he who will not see Date:   5/23/2018 2:30:20 PM

Once again, owing a mortgage has absolutely ZERO bearing on the ability to lein a property. Believe it or not, it is a fact. Educate yourself on the difference between warranty deeds, quit claim deed, and security deeds. I have no knowledge of the covenants by which you and your neighbors agreed to live when you bought the property, but I can still say you are comparing apples to oranges.. I do however know a bit about owning lake property on an APCO lake in Alabama having owned wholly or partially several lots/houses on three different lakes.

The lein is because you violated property lines and constructed an unauthorized structure on someone else's property and they had to spend money to remove it. The lein would be for the amount APCO spent to remove it. Having teams of lawyers they probably would go to court and get a judgment first, but they wouldn't have to in my opinion, but I could be wrong on that one point. I am not a lawyer but I do know how to read deeds and easements and covenants.. I also know how to conduct simple title searches and they always include a search of lens and judgements. I have also filed leins on property and k owners how easy it is.

I also find it interesting that this deep into this conversation you suddenly remember these extensive conversations with a neighbor and his attorney on the subject of leins. Once again I recommend you build water the hell you want and see what happens. Rest assured however, you will be caught as APCO photographs every inch of shoreline on the lake every year now and use software to compare it year to year for changes. I know several folks that have tried to slip something by them and been caught. I have seen a couple of the "nastygrams" they got by certified mail regarding what they did. Fortunately each of those folks were able to get fetro-active permits because the structures complied with guidelines.

Think about this now. Your whole neighborhood went into revolt of structures being built by folks who were authorized to build them. What would you do if the came and started building a structure on YOUR property?  Like I said go ahead and build it. I'm sure APCO won't mind.