(Coffeeville Lake Specific)
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Name:
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John C
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Subject:
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watch your definitions
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Date:
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2/25/2009 8:55:30 AM
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the answer is all of the above. a word on definitions:
Easement - a granted right of one party to another, different from ownership. Like if you owned a 100 acre plot of land that has a power line going through it, you own the dirt, but the power company has been granted an easement to put a power line across it. A LM example would be where AL Power owns the dirt of the floor of the lake, but they give you an easement to build a dock over it, subject to their restrictions.
Setback - a rule that says even though you own the dirt, you can't build / alter it. the 30 foot rule is a setback. AL Power (more than likely) doesn't own the dirt, they just tell you (via deed restrictions) that you can't build NEW CONSTRUCTION in this zone. Same deal with lot lines with your neighbor, perhaps enforced by the county or your subdivision. Again, you own the dirt, but are deed restricted (via the deed, set forth in conditions that you agreed to when you bought it) by this.
Shoreline - just because the water is there doesn't mean you necessarily own up to it. I have seen all sorts of things here. Sometimes you are in a subdivision that describes the lot as "lot x in the recorded plat of Y neighborhood" which means you then go to the plat to figure it out. Also I have seen "metes and bounds" descriptions where someone has gotten a surveyor to plot the shoreline, foot by foot, turn by turn. Also I have seen really old ones that just describe the shoreline as the "shore of LM."
The key here is that every lot COULD be different. I have also seen lots that are so old or oddly recorded that the above easement and setback rules don't apply.
Bottom line - ALWAYS get a professional (lawyer or closing agent) to do a very thorough deed / title search to know EXACTLY what you are getting when you buy. Get a survey, too. Before you build or alter anything, this will give you a good understanding of what the deal is. On LM the dirt is the most expensive thing, usually, so it pays to be sure about the dirt and the associated easements, setbacks, and other restrictions.
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