The beachfront owner silliness at a new low. Thank you for the laugh!Funny, I just saw our real estate agent’s name who received a commission on the sale of our condo on Facebook pushing customary use. Do you think I have a case against that agent for not revealing that the condo came with a high probability of customary use litigation even though the condo and common areas are legally deeded as private property to the MHWL at the time of purchase with no customary use burden on the title OR ANYWHERE ELSE for that matter?
Certainly if the agent believes the four cornerstones of customary, then the agent (who currently supports CU) knew full well at the time of the sale that part of my supposed conveyed full package of private property rights was lacking the right to exclude because of customary use (notorious, since time immemorial, etc.) However, the agent never revealed this. This non-disclosure, I believe, is a lot different than, say, not revealing a structural problem or faulty appliance, which they may or may not have known about.
I guess the agent could state the obvious...there wasn’t customary use at that time as the public didn’t walk hundreds of feet to use our property. But if true, there can’t be customary use today on our property for the very same reason.