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Name: |
LifeTime Laker
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Subject: |
Legal Question
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Date:
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4/5/2007 10:53:52 AM
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In the thread below "40 acres, and APC lease", the subject is about selling a developed APC lease lot with, I presume to be, a contiguous 40 acre deeded parcel joined as one parcel.. My question is can this be done? It seems to be fraught with issues IMHO.
Maybe I have misunderstood the issue completely, but it has been bugging me since I read the thread. My gut instinct is that it can't be done, someone correct if I am wrong........
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Name: |
Feb
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Subject: |
Good Question
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Date:
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4/5/2007 11:03:02 AM
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I was wondering the same. I know you can not sell an APC leased Lake Lot without constructing a house on it first within the lease guidelines. I got the impression most of the 40 acres, except for a small APC leased lot, was not APC leased but was titled land adjacent to the leased lot. Therefore, I would assume you would be buying approx. 39 + acres of titled land and the lease right to an improved (home on it) APC lot.
But like you, I am not very clear on the issue either. I would also hope they would not be able to put multiple dock on the small leased water area.
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Name: |
LifeTime Laker
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Subject: |
I didn't even consider the...
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Date:
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4/5/2007 11:17:02 AM
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....community waterfront issue. I am almost certain that would not be allowed under the lease agreement. I still hold that they are now and forever more, or at least till APC sells the lease lot, two seperate entities. It may be a good long term plan, but it won't bring about quick profits IMHO. It seems to me that someone was trying to 'cash in' by claiming 40 acres of waterfront, but as the appraisal figures showed, it didn't work out to well.... lol.
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Name: |
Osms
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Subject: |
Good Question
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Date:
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4/5/2007 11:28:59 AM
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FEB, you're right on 'selling' the lease. A house has to be constructed before the lease can be transferred. Also, no commercial activity can take place on the leased lot. AND, the new shoreline regs will only allow two slips per 100ft of shoreline (commercial use). Sure hope some flatlander doesn't fall for the deal.
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Name: |
Aardvark
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Subject: |
Legal Question
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Date:
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4/5/2007 1:42:45 PM
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I would be happy to discuss this with you, but I require a retainer up front.
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Name: |
LifeTime Laker
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Subject: |
Thanks, but.....
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Date:
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4/5/2007 5:45:42 PM
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... I have a Judge Judy law degree too......lol.
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Name: |
MotorMan
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Subject: |
Good Question
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Date:
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4/5/2007 7:00:59 PM
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APC has many types of leases. My friend has a hunting lease. He found out he could not remove pine straw because someone else had the "gather pine straw" lease.
The APC lot in question is only 20 feet deep in spots. Not enough for the 30' setback rule. It is a "recreational" lease and has changed hands before.
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Name: |
LifeTime Laker
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Subject: |
Good Question
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Date:
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4/5/2007 7:35:03 PM
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It still can't be put together as one parcel. I still hold that the lease and the deeded have to be sold seperately.
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Name: |
Osms
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Subject: |
Good Question
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Date:
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4/5/2007 9:39:37 PM
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After seeing the map, that is definitely not a residential lease lot. Love the statement "summer water"--wonder which summer, not lately.
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