My question involves real estate located in the State of: Georgia
A subdivision developer stated this in the pre-HOA covenants/restrictions: "Lot owners shall have access to the pond as shown on the legal description. Access for ingress and egress to the pond shall be along or about the dam area."
The warranty deed for the lot owner states this: "Grantor grants to grantee a 1/21 interest in and to the pond area as shown on said plat. Access to the pond shall be along or about the common area at the location of the dam of the pond."
The pond sits on a larger parcel of land (parcel number 151 009). This parcel number is not mentioned in the covenants or on the warranty deed.
The lot owners are claiming a 1/21st "ownership interest" in the entire parcel of land where the pond is located. I think they have a "possessory interest" (like an easement to use the pond) and not an ownership interest in the pond or the entire parcel.
Which is correct?
A subdivision developer stated this in the pre-HOA covenants/restrictions: "Lot owners shall have access to the pond as shown on the legal description. Access for ingress and egress to the pond shall be along or about the dam area."
The warranty deed for the lot owner states this: "Grantor grants to grantee a 1/21 interest in and to the pond area as shown on said plat. Access to the pond shall be along or about the common area at the location of the dam of the pond."
The pond sits on a larger parcel of land (parcel number 151 009). This parcel number is not mentioned in the covenants or on the warranty deed.
The lot owners are claiming a 1/21st "ownership interest" in the entire parcel of land where the pond is located. I think they have a "possessory interest" (like an easement to use the pond) and not an ownership interest in the pond or the entire parcel.
Which is correct?
Use and Enforcement: Access to a Pond Area on a Larger Parcel of Land - Ownership Interest or Possessory
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