Filed with Greenville County in 1989, the Bruce Lake Easement Agreement and Covenants conveys specific restrictions on Bruce Lake (Tax map 0449000200700 & 0449000200500). The recreational designation within this reciprocal agreement prohibits fluctuations in the water level and does not permit “any activity which shall be a nuisance or put or deposit debris, trash, noxious or other objectionable materials into the lake.” The current development proposal seeks to build high density housing (nearly 10 units per acre) on the Bruce Lake Watershed, with just a 25 foot concrete separation between the waterway and town homes.
Excerpts from Easement Agreement and Covenants on Bruce Lake dated 1989:
…. For so long as any portion of the lake shall be maintained on the property being conveyed to the Purchaser the following covenants and easements remain in full force and effect and shall run with the land and shall bind the heirs and assigns of the parties …. The use of the lake and the property to the water’s edge for any recreational purpose, but not limited to, fishing and boating, or for any other purpose whatsoever shall be restricted …. it being the intent of the parties that the lake shall remain at all times a private lake with no commercial activity allowed. Lake front use shall be restricted to use by the owner of the lake front …. The parties do hereby grant one to the other, and to the heirs and assigns of each, mutual, reciprocal easements over and upon the waters of the lake which lie upon the property of each party for the purposes of access and enjoyment …. and do further grant one to the other, and to the heirs and assigns each, mutual, reciprocal easements for the natural flooding and drainage of the lake waters from one property onto the other; provided, however, that said easement shall not extend to such drainage or flooding as may be the proximate result of any negligent act or emission of either party hereto; and provided further, the flooding easement shall be limited to the right to flood to the present high water mark of the lake as shown upon the survey to be made of the property …. The permitted activities of
Purchaser … shall not result in any permanent substantial decrease in the level of the lake below its normal pool over …. Neither party or subsequent purchase shall do or permit anything to be done which would tend to make the lake a hazard or nuisance or conduct any activity which shall be a nuisance or put or deposit debris, trash, noxious or other objectionable materials into the lake …. Any lake front owner shall have the right to prosecute any proceeding in law or in equity against any person or persons violating or attempting to violate these covenants and shall have such rights, including but not limited to, to seek mandatory injunctive relief, both temporary and permanent, and to recover on behalf of the other owner any unpaid costs or expenses.