At Bruce Lake, the recent draining of the lake demonstrates blatant disregard for property covenants, specifically concerning the obligations of the developers under the original easement agreement.
The Developer’s decision to drain a portion of the lake, and the subsequent failure to restore the water levels to their original state is in direct violation of the Bruce Lake Covenant.
The Original Covenant: A Promise of Shared Enjoyment
The 1989 Easement Agreement and Covenants, established between the original Sellers (P.L. Bruce, Jr. and H.D. Bruce) and Purchasers (John W. Evans and Edward A. Kerr), outlines the shared responsibilities and rights regarding Bruce Lake. A key provision is the maintenance of the lake, ensuring its continued existence and usefulness for both parties.
Draining Rights and Responsibilities
The agreement does grant the Purchasers the right to drain and fill a portion of the lake on their property, provided they adhere to specific conditions. Among these, crucial points include:
- No Substantial Decrease in Lake Level: The draining activities must not result in a “permanent, substantial decrease in the level of the lake below its normal pool” on P.L. Bruce, Jr.’s property.
- Reasonable Flow and Drainage: The activities must not impede the “reasonable flow or drainage of the lake waters” from P.L. Bruce, Jr.’s property.
- Proper Infrastructure: The Purchasers are required to provide a safe dam, spillway, and head gate valve for controlling the lake’s drainage.
The Violation: A Dry Reality
The heart of the matter lies in the interpretation and application of these provisions. The developer’s actions have led to a significant and lasting decrease in the lake’s water level, impacting the enjoyment and usability of the lake on the remaining portion of the property.
Why This Matters
- Breach of Contract: The original covenant is a legally binding agreement. Failure to uphold its terms constitutes a breach of contract.
- Impact on Property Value: A diminished lake significantly affects the value and appeal of the remaining lakefront property.
- Loss of Recreational Amenity: The lake’s recreational purpose, as intended by the original covenant, is compromised.
- Ecosystem Damage: Drastic water level changes can negatively impact the lake’s ecosystem.
What Next?
The situation highlights the importance of clearly defined covenants and the need for all parties to adhere to them. Legal recourse may be pursued by those affected to enforce the terms of the agreement and seek remedies for the alleged violations.
- Covenants are crucial for protecting shared resources and maintaining property values.
- Draining rights are often subject to strict conditions to prevent adverse impacts on neighboring properties.
- Failure to restore water levels after draining can constitute a covenant violation.
The Bruce Heights neighborhood continues to press the developer to adhere to the integrity of the original agreement and restore the lake’s levels.