10.36 Implications of Lakes for Legal Practice

• Library: Real Estate Practice Deskbook (2019 Ed.)

6. (§10.36) Implications of Lakes for Legal Practice

Obviously, lakes and ponds without multiple owners cause few legal issues, but lakes that are shared inevitably are the focus of conflict, especially surrounding boat docks. The Missouri legislature has been tinkering with boat dock definitions, calling them real estate, so that real estate appraisers can include their value in residential appraisals, even though boat slips and docks are often not physically appurtenant to real estate owned by the dock or slip. Foreclosure notices that do not include supposedly appurtenant boat slips or docks create confusion. Access to boat docks over private roads is often the subject of litigation in counties around large lakes. The lack of statutory authority for county recorders to record conveyances of boat docks and slips creates problems for perfecting notice of ownership and liens.

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