Nickajack Lake Topics: do I own my own dock?

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	Name:	John C -
	Subject:	do I own my own dock?
	Date:	3/7/2011 3:58:48 PM

I am not a lawyer, so anyone in doubt needs to consult one.

My understanding as a lake area realtor is that yes, you do own your dock / boatslips / seawall / improvements. In fact, check your tax assessment, I am sure the tax man has them on there as taxable improvements.

You just have a deeded easement (? could be wrong legal term, ask a lawyer) from Alabama Power that allows you to put your dock poles in their dirt, aka the lake bed under 490. Their permission is subject to you complying with their rules, which is how they legally can say how and what type of docks and improvements you can build.

These types of things "run with the land" meaning they are passed from owner to owner. I have seen exceptions to this rule, like people that own a portion of the land under 490 that is out in front of their home. Also have seen where AL Power did not record the restrictions necessary on a few homes that would allow them to permit the docks. But these are really, really rare exceptions.

Any readers out there with any questions should pull out their documents from when they closed on the purchase, and call up the closing attorney and ask them these questions.