Legal Question in Real Estate Law in New Hampshire

lake association dock rights

A private lake association of 11 property owners have the use of a common beach area. In 1985, the owners at that time dicided to build a set of boat slips. Only 8 of the 11 property owners wanted to build the slips. The costs were divided evenly between these 8 property owners. Since then, it was discovered that the NH laws allowed only 6 slips. The slips had already been inspected by the state and no further mention of the excess slips was ever made by the state. One of the 11 properties was sold to a buyer, the buyer at that time being well aware that his property was not associated with a slip. He has recently filed a suit against the association claiming that he has a right to the use of other owners slips. Is there any legal basis to prevent this person from taking what would appear to be private property?

Thank you.


Asked on 2/16/03, 12:10 pm

2 Answers from Attorneys
Roy Weddleton Granite Law

Re: lake association dock rights

Whatever writings there are will likely determine the rights of everyone. There are so many questions that need to be addressed first. Don't fool around. Go to a Real Estate lawyer now.

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Answered on 2/18/03, 8:32 am
Michael Cornelio Atty. Michael J. Cornelio

Re: lake association dock rights

You need to go see a lawyer and bring any relevant documentation with you. Without knowing more about how the association is arranged it is hard to answer your question. Are the slips deeded to the individual properties? Was a separate association formed for the slip owners/builders? The list of questions could go on. If the buyer knew that the property he purchased was not associated with a slip, he will likely have a hard time proving he is entitled to one but that doesn't mean its impossible.

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Answered on 2/17/03, 8:38 am


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