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Legal assistance needed (long)

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Old 09-04-2002, 10:53 PM
  #11
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Seems like the only issue is whether the lift violates the deed restriction clause regarding docks. The deed restriction as a recorded document will govern to a point that it does not contridict or diminish the DEP regulation or local building ordinances which it does not appear to do.
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Old 09-05-2002, 07:21 AM
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Ron: You are correct. The lift simply lifts the boat out of the water.

Although we are on a 250 foot wide cove, we are considered bayfront in Harvey Cedars. My house was the card stop in Harvey Cedars for the NJPPC poker run 6/29/02.

Dan: The lift is a low profile model manufactured by IMM boat lifts of Fort Myers, FL. It was installed by K&G Marine construction.

Playn: You're analysis is close. The deed restriction went into effect in 1969. The DEP laws went into effect after 1977. The DEP maintains that their rules supersede the private deed restriction. I guess we'll find out. If the judge agrees with me that a lift is a boat accessory and not part of a dock then we should be OK.

I'll try to scan a picture and post it.

Thanks again for your responses.

Tom
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Old 09-05-2002, 09:52 AM
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My question is do they issue a riparian grant or right to your property. I live on the Shrewbury in Oceanport and we have a right which give some minor advantages. But, DEP is law. We went out 85' with the plans on file with the TWP. When I put in the lift, the Twp. only cared about the wirinto to the bulkhead. After that, they could care less about the water and electric. ALmost everyone in Jersey has a lift from what I can see. It would think that your neighbors could be presented as overreaching, especially since the DEP has give you the OK. I have the number of the guy I spoke with at the DEP (Trenton) who was very informative. He even spelled out the rules when building a deck next to the water. I did what I wanted to in the end, becasue, you will find local government is clueless to the actual restrictions and tend to make it up as they see fit.

Work it out with you neighbor first, they might just have a stick up their ass and being nice might pull it out. THe alternative, do your homework sand presetn them as overreaching.

(you can tell I just went through similar bull**** and won...)
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Old 09-05-2002, 01:48 PM
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Thanks for the additional replies. I already tried the nice route, to no avail.

As for the jet dock system, I considered it and preferred the mechanical lift because we can get some pretty fierce chop in our cove. I have measured 3 foot chop in a strong summer wind. This past weekend, a boat on the opposite side of the cove took 3 waves in a row over the bow while moored to the dock. I preferred the boat to be out of the water as well as removed from harm's way.

I can't seem to get the pictures sized properly in order to post. I'll get it figured out later and post them.
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Old 09-05-2002, 02:00 PM
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Pictures:
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Old 09-05-2002, 02:01 PM
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and another view:
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Old 09-05-2002, 02:18 PM
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Mega,

My neighbor had the same problem (lagoon in Toms River), the lift manufactures are unwilling to inform customers of this-because they would lose business.
According to my neighbor, any permanant fixture (diving board, boat lifts etc.) impede navigation. The DEP permits are for the dock and bulkhead, and don't cover lifts which extend beond the dock.
I'll check with my neighbor to see how he made out. I can see his dock, and he does not have the lift.

BOB G.
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Old 10-18-2002, 02:14 PM
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An update:

It appears that this case is going to go before a judge. My attorney and the opposing attorney met with the judge on Friday. One of his requests is that I prepare a list of reasons as to why a boat lift is preferrable to leaving the boat in the water. I've got the obvious ones: reduced risk of storm damage, reduced risk of leakage of mechanical fluids, maintain value of boat by not painting the bottom,

Can you folks think of any others that I can include ? Thanks in advance for your help.

Tom
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Old 10-18-2002, 02:48 PM
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Is it your neighbor who has the blow boat in the backround??? Tell them to go scratch.
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Old 10-18-2002, 03:47 PM
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personally I like the "reducing enviromental impact" argument. How could a Judge or neighbor fight against that?
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