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Neighbor's dock keeping others from water access

Posted at 10:38 PM, Mar 30, 2018
and last updated 2018-03-30 22:38:17-04

FORT MYERS, Fla., -- A neighbor's expansion on his dock will cause a blocked pathway for others nearby to take their boat out onto water in a Fort Myers neighborhood. 

“I believe I have a right to get my boat out to the water," says Earl Habdly who's boating access will be blocked if his neighbor, Michael Knox, continues his expansion. 

Knox says, however, that Habdly's dock was not built correctly and that his dock and his expansion are in compliance with Lee County Code Enforcement. 

“My proposed marine improvements are in compliance as well. Otherwise I don’t think the County would’ve issued a permit," said Knox. 

Knox's contactor Stokes Marine Inc. says the situation is similar to if a driveway was built too close to a neighbor's house, to the point where in order to get the car out of the garage one would have to drive over their neighbor's property. 

The contractor states however, that Habdly was told of Knox's expansion back in September and was given blue prints to help modify his own dock. 

Habdly says that it could cost him up to $20,000 to fix. He says even if he does fix it, it will create a domino effect of problems. 

"[If] I revise my slip, then I have to hit the other neighbor and they’re going to have to move their slip.”

Knox explains that it's a home buyer's responsibility to make sure the docks that come with their home are correctly built in the first place. 

“If he would’ve done his homework on the front end," said Knox. "He would’ve seen, hey maybe we’re going to have an issue down the line.”

Knox says construction should be done in a couple of days. Fox 4 reached out to Lee County for comment, a spokesperson says they will be getting back to us on Monday. Fox 4 could not find anything legally wrong with Knox's construction on Lee County Code Enforcement's website.