Lakefront properties
Most established properties available for purchase near or on good lakes do not allow the buyer the opportunity to acquire much acreage along with the house. Many of the homes, cottages or facilities near or on lakes were established at a time when there was a lack of overall planning or zoning.
Since lake facilities, and the properties bordering them, were usually used only during the summer season, a variety of “cottage type” buildings were erected. Many homes didn’t have cellars, foundations, heating systems, insulation, good bathroom facilities, nor were they winterized. Further, many lake properties today follow the antiquated system of obtaining water directly from the lake. Many questions have arisen as to whether or not occupants have the legal right to lake use and/or lake frontage.
Extreme caution should be used in the purchase of lake property, especially in the areas of availability of utilities, sewage disposal, water supply, and examination of title.
Owners of lake properties still using the lake as the main source of water supply have in recent years installed chlorinator systems in order to purify the water. If you are desirous of using the lake property as a year-round retreat, or home, with the lake as your main water supply, it would be wise to investigate whether or not the lake freezes during the winter.
One should also check with the local department of highways to determine if the access roads to the lake area are under public control and maintenance, particularly during the winter months where snowplowing is vital.
Control of good lake areas by owner associations, or local regulatory authorities, is of the utmost importance. You should investigate garbage disposal, public utilities, power boat control, the extent of pollution, if any, the extent of public areas and whether large public camp sites are available. As to cost, any sizable amount of acreage that might be available in the immediate vicinity of a good lake facility, or having an established residence thereon, will usually be 20 percent to 30 percent higher than comparable acreage five or ten miles away from the lake.
If you are planning to buy property near but not directly on a lake, a thorough investigation should, be mule 10 determine if you have the legal right to swimming or docking facilities. This information should be confirmed and relied upon only by advice of your attorney. Also, investigate whether anticipated activities, such as sail boating, water skiing, and motor boating, are allowed.
If you have small children, consideration should be given to the availability of medical care, hospital facilities and the proximity of shopping facilities for groceries and other supplies.
It would certainly be wise to introduce yourself to several established owners in the area, and gather their ideas about the present and future status of the lake community.
Investigation should be made as to any large parcels of land nearby which might lend themselves to the development of recreational facilities that could cause a drain on local facilities by reason of overpopulation. This is less likely to happen in small lake areas.
There are some excellent, well-established and well-constructed homes in and around good lake areas, but we advise extreme caution and investigation before “jumping into the lake.” The possibility of “drowning” in noise, population and pollution is likely. As we said before, local zoning and restrictions are either not in being, or have come too late to many areas.
There is a great demand for private lakes that range in size from ten to twenty acres, all within the confines of a property. Unless all sides of the entire lake facility are bordered by lands to be conveyed to you, problems could develop. For example, property bordering on any portion of the lake facility, even though it represents a small portion, could be sold for commercial or other undesirable use, including a multifamily dwelling. The new owners and present owners, having the right to use the lake, might disturb the tranquillity you are seeking. A thorough investigation should be made of these possibilities. Further, find out if anyone has the legal right, riparian or otherwise, to use the lake for recreation or water supply. Many courts have stated that anyone having title to land bordering on a lake, stream or other type of watercourse, technically owns to the center of that water facility.
Many states now have extensive regulations dealing with the use of water, control and damming of same, through the change of direction, or whatever. These regulations prohibit the freedom of use of water facilities for your own purposes.
If you have sophisticated plans for the water facility on or bordering your property, and said facility has been a major cause for the purchase of the entire property, then every phase of its use, ownership and control should be thoroughly reviewed by your attorney before closing the transaction.
It appears that water is such a vital part of our ecology today that its use and ownership may very likely become public domain in order to preserve and maintain this great natural resource. Both federal and state governments have the right to acquire private property for necessary public use by condemnation known as “eminent domain.” This right is not limited to water supplies but to the taking of any property where the health and welfare of the public are involved.
If you are anticipating purchasing a private lake facility, you should retain an engineering firm to make a complete analysis of the water, the depth and condition of the bottom, whether or not it is spring fed, and its status during periods of extreme drought.