Serial Nook

My Association President Fined My Repair Skiff In Front Of The Marina, Believing A Renter Had No Waterfront Rights, But My Recorded Easement Put His Luxury Deck On The Court's Calendar.

The Surveyor Put His Cedar Deck Inside My Turning Basin

Part 2 · 4 min read ·

Pilar Esquivel met me at the pump shed the next morning with a rolled chart and a paper cup of coffee.

"You finally opened the green envelope," she said.

"I opened it when I bought the berth."

"Reading the dollar amount doesn't count."

Pilar was forty-six, Mexican American, and a hydrographic surveyor. She wore her dark hair in a tight braid under a faded rain hat. She could make a room go quiet by asking which vertical datum someone had used.

I had hired her six months earlier to check the approach to my berth after my skiff scraped something at low water. She had delivered an underwater survey, a report, and a warning about a large deck.

I had thought I needed to settle it with my neighbor first.

That had been my mistake.

"I asked him to move the extra floats," I said. "He told me the association approved them."

"Gravity also has a board," Pilar said. "It rarely approves exceptions."

We spread the recorded drawing across my bench.

The easement had a plain name: Service Access R-7. It crossed the marina from the outer fairway, passed the residential docks, and opened into a thirty-by-forty-foot turning basin beside my workshop berth.

The route served the homes as well as the workshop. The recorded terms covered repair craft, deliveries, and emergency access. They barred an owner or association from blocking the route or charging a separate crossing toll.

My berth deed carried the right to use and enforce it.

I did not own Budd Inlet. I did not own everyone's dock. I owned the small berth, with a recorded right that stayed attached to it.

"He thinks renting my house settles everything," I said.

Pilar put one finger on the recording stamp.

"Your house isn't the property on this page."

We matched her underwater survey to the easement drawing. She had located the deck supports from fixed points on shore, not from a drifting dock corner. Her report included sonar images, measured offsets, and photographs of the floats at low tide.

Eleven feet of Lyle's deck assembly reached into the turning basin.

"Not the pretty glass," she said. "The whole support frame underneath."

"Can you put both drawings on one sheet?"

"For six hundred dollars, with a signed explanation."

I agreed. Her original survey was already paid for. This would make the connection clear enough for someone who did not spend working days reading bottom shapes.

Before lunch, I took certified copies of the easement and my deed from the county recording office. I paid $38. I kept the receipt.

The clerk checked the recording numbers against the index before stamping the copies. I liked watching someone check a number without first asking whether I looked like the person who ought to hold it.

Back at the marina, I sent the documents to the association's listed board address. I attached my three written disputes and asked for a hearing. I requested the rule Lyle claimed I had broken and the minutes that had approved it.

Then I walked a paper copy to the mail shed.

Lyle was polishing the glass notice case with a folded cloth.

"A moment," I said.

"Certainly."

I handed him the packet.

He read the first page standing up. Then he sat on the bench.

"This concerns a commercial berth," he said.

"Mine."

"You rent here."

"My home. I bought the workshop berth. The deed is behind that page."

He turned it.

For the first time since I had met him, he let a silence sit without filling it with advice.

"The association controls appearances and safety," he said at last.

"Show me the rule that lets you fine a repair skiff using R-7."

"These old documents often require interpretation."

"Then please have the board interpret them in writing."

June came down the walk while we talked. She carried a little stack of receipts held with a clothespin.

"Does that old document cover my deliveries?" she asked.

Lyle closed the packet.

"Private arrangements aren't association business."

"You used association stationery."

He stood and brushed a drop of water from his sleeve.

"I suggest everyone wait for proper guidance."

By that evening, two more neighbors had knocked on my door. One brought four bank transfers. The other brought a folded notice with Lyle's signature under the words Annual Route Stewardship.

They had each paid $360 that year.

I made copies with their permission. I wrote the source and date on each copy. Colored cord would have been easier, but a court would probably prefer ink.

Pilar emailed her finished overlay at eight. The deck intrusion showed as a hard red block inside the blue turning basin.

At nine, a courier knocked on my door.

The envelope required my signature.

Inside was an association notice ordering me to stop all skiff access within forty-eight hours. Any further landing, it said, could result in removal by a towing service at my expense.