Lake Use Permissions

[Patricia1771]

I need help/advice. Our 65-year-old family vacation home is on a privately-owned lake (now owned by the son of original owner of the lake). In order for my siblings and me to keep it in the family, we are renting it on Airbnb and are now the first lot owners on the lake to do so. At first the owner the lake objected, putting up a sign at the entrance that visitors "had to be accompanied by an owner" to use the lake. Since I live in VA and the house is in SC, I somehow managed to convince him that we would be glad to pay an extra fee of some sort for guests and inform him with guests' names and dates when we're renting it. I also prepared NameTags for guests to have in the boat in case the owner inquired about their presence on the lake. I've now gotten a letter written by his lawyer to all lot owners stating that there will now be an annual fee for use of the lake (that's OK by me) but also that I'll need to provide a required document signed by me (the lot owner) and each renter prior to arrival, to get the permission of the lake owner to use the lake for each visit. How in the world will I be able to comply? Any suggestions? - Pat

[Mary996]

Record this requirement in your Listing and invite potential Guests to sign and return to you prior to the event? Together with info on deposit required and other info perhaps....

[Lorna170]

@Patricia1771   Contact the lawyer involved and request a copy of the required document.  Have your own lawyer look at it to ensure that it is binding on the guest.  You should also get in touch with your insurance company and find out what liability you will have if your guests are injured while on the lake.   Does the lake owner provide any insurance?  You mentioned a boat -- is it properly insured for use by guests?

Be sure to include in your listing that use of the lake will require signing  "name of document".   Once the guest has booked, you can send him a PDF of the document that he can print out, sign, scan and email back to you.  Once you have it back, you can print it, sign it and send it to the lake owner or his attorney.   

[M199]

@Patricia1771 

Just a thought, the Lake Owner is quite likely trying to protect him/herself from a liability claim.  Totally understandable.  We have a shared waterfront lot with a neighbour who does not run any type of rental.  I would never want to put my neighbour in jeopardy if one of my guests had to make a claim against the lot. Just a 3rd party perspective. 

@Lorna170 is correct!  Make sure that you and your insurance company and the lake owner's insurance (if possible) are 100% in sync about liability and coverages.

Just advice because that's what I am dealing with and trying to resolve before my summer opening. Our waterfront co-owner was more than happy to share his personal insurance information, of course to protect his interests.