Legal Question in Real Estate Law in Virginia

We have a boat dock located on our private property. There is a 'variable width easement to the waterfront'for lot owners that extends to that dock? Our dock permit states that privileges may be rented to adjacent lot owners. What rights do the lot owners have over that dock? Since we built the dock and it's on our private property can we exclude a lot owner that refuses to park in his assigned slip and is monopolizing the entire head of the dock so that we can't use our own dock? The marine resource commission has told us that it is our dock and we can exempt anyone from using the dock. The exact wording of the easement on the recorded plat is 'variable width easement to the waterfront hereby established for benefit of community residents.' The community residents do not have deeded dock access. This particular neighbor has also been drinking beer in his vehicle on the easement and frequently trespassing off the easement.

Asked on 3/29/12, 8:20 pm

Michael Hendrickson Law Office Michael E. Hendrickson

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I would agree with the assessment of the Marine Resource Commission.

Answered on 3/29/12, 8:47 pm

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