I have seen experienced real estate agents and brokers out there who, for what ever reason, lack of knowledge, incorrect knowledge, whatever, simply do not know what they are talking about. They make statements that are flat out wrong, they mislead, or simply don’t know.
For example, in my neck of the woods, there are several high end houses newly built on a point of land overlooking the Narragansett Bay and the Mount Hope Bridge. The community of people living on this point, called Common Fence Point, of all things, as a group, own some 42 acres of waterfront, beach, and conservation land. In point of fact, all the houses at the end of the “point” are not waterfront, since the community owns the land. Of course, few people would argue that they can use the beach in front of their house as they would if it were theirs, short of disallowing other neighbors to access it, and short of constructing buildings or piers or docks on it (after all, it is not theirs)
But many real estate agents, knowing this, never the less tell the buyers they show these homes to that they own the land, that it is waterfront… when confronted with the facts by a neighbor who happened to be the President of the Common Fence Point Improvement Association (the group that owns and manages the community owned lands) the real estate agent countered that “they could build a dock if they wanted to, because it is grand fathered in from the previous owner”
No such grand fathering could possibly exist.
First, there is no dock their now, and for something to be grand fathered, it must exist
Second, there is no easement or anything else in the deed that could possibly be construed as grand fathering any such thing
Third, there are deeds and easements and etc that clearly indicate that the land belongs to the association.
This is not only misleading to a potential buyer, but clearly not according to the facts.
Be careful people! Verify what is said by agents trying to sell you things that may not be real. Read our Buyers Place section, and especially, read our sections on agency for buyers and for every other agent!