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Oh, And She Wants to Put In a Dock

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(@jbstahl)
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Exactly what I would have done. The only trick is the terminus of the centerline. I'd place the terminal point at 1/2 the width from the end line, then pie method to distribute the frontage.

Certainly passes the equity test.

What to call the lines? Boundaries.

JBS

 
Posted : June 20, 2013 2:34 pm
(@the-pseudo-ranger)
Posts: 2369
 

In my county, the term "Radius point of dead end canal" is used to define the end point of the centerline ... yes, I know that radius point probably isn't exactly correct, but that's what county inspectors want to see. The side lines are labeled "side use lines". There is also a "waterward use line", which is offest 1/3 the width of the canal, including offset from the end of the canal. The dock must be contained within the side use lines and waterward use line, leaving the middle 1/3 of the canal clear. It looks like if you apply a waterward use line, there would be no place to build a dock.

 
Posted : June 20, 2013 3:27 pm
(@the-pseudo-ranger)
Posts: 2369
 

Perry

You wouldn't believe the extent to which rich old people in Florida fight over this kind of stuff. If the owner of lot 60 were to build a useable dock, and dock a boat there, you can bet that the owner of lot 58 would have a fit that the dock and boat were behind his property, blocking his view, cutting off his full access, etc.

Lot 60 would probably have enough room to build a dock IF the canal was full dredged to the property line, but as it is now, launching a canoe is about all it's good for. Sometimes the purpose of a survey is to convince people they don't want the property after all.

 
Posted : June 20, 2013 3:46 pm
(@andy-j)
Posts: 3121
 

Perry

No kidding, TPR, they love to fight! Cha Ching. I think they would have to have a shared structure in this case.

 
Posted : June 20, 2013 4:30 pm
(@eapls2708)
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With an artificial waterway, the boundaries are fixed, or most likely so at the platted lot lines. since the waterways were dedicated to the public, some agency is accepted ownership on behalf of the public. That agency is where you need to start, or your client needs to start to determine what she needs to do in terms of permits, applications, possible lease area, etc., to put a dock in.

Since it's an artificial waterway dedicated to the public, the normal rules of ownership of the bed probably won't apply, so you can't identify what seems like an equitable method of apportionment and move ahead. The bed, and likely any land lying within the platted strip or arm for this canal are all dedicated and owned by whichever agency accepted the dedication or is otherwise charged with administration of the waterway. The location and extent of any dock and any lease area required for it will be ultimately up to that agency.

 
Posted : June 20, 2013 6:52 pm
(@dave-karoly)
Posts: 12001
 

It could be an easement like a street or alley.

 
Posted : June 20, 2013 7:09 pm
(@mapman)
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> With an artificial waterway, the boundaries are fixed, or most likely so at the platted lot lines. since the waterways were dedicated to the public, some agency is accepted ownership on behalf of the public. .....

This is the way I am leaning too. The clue was the the lock system that controls the water levels. This indicated an artificial waterway which doesn't have quite the same rules for riparian. The aerial shows other docks nearby.
The issue I see is the un-dredged land back of the property. Either an easement for access to the waterway will be needed, dredge that area, or purchase the extra land.
The tiny amount of shoreline is hardly worth it IMO.

 
Posted : June 21, 2013 6:34 am
(@perry-williams)
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Yes, but ...

> ea, or purchase the extra land.
> The tiny amount of shoreline is hardly worth it IMO.

Yes, but with even a tiny piece of shoreline, you can go anywhere in the world with a boat!

 
Posted : June 21, 2013 8:28 am
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