Welcome to our Chautauqua Lake blog. We want to provide you with informed information on Chautauqua Lake and Chautauqua Institution living and real estate. We will regularly post up to date comments and information on the activities and real estate market on and around Lake Chautauqua and Chautauqua County NY.
Please feel free to post your comments and questions.
As
2020 comes to an end, the CLP Board reviewed its accomplishments of the
year. So many events in our lives were significantly and negatively
impacted by Covid 19. Some of the CLP efforts were affected too, but we
still managed to do a lot. Please take a look at the summary of all
that we accomplished in 2020 and the plans we have for 2021 in the link
below. We appreciate your support, and ask that if you are able, to
consider donating to the CLP to help us get Lake Chautauqua in the
condition we can all enjoy!
A lawsuit filed earlier this week by the town of Ellery and
the Chautauqua Lake Partnership against the state DEC comes as no
surprise.
While
Ellery and the CLP take issue with the DEC’s choice to permit
herbicides on only seven acres of Chautauqua Lake in Ellery this summer,
the blame for the whole mess doesn’t lie with the DEC.
It lies locally in the lack of lake leadership since George Borrello
left the County Executive’s office to become the region’s next state
Senator.
Lake management has been a free-for-all for the past several years,
with big personalities often clashing around boardroom tables, in
scientific presentations and courtrooms. There was a brief respite with
the Borrello-led Memorandum of Agreement on lake management, but it was
pretty obvious this turn of events was coming when two studies of
Chautauqua Lake — one by a third party paid by Chautauqua County and one
by a Racine-Johnson paid for by the Chautauqua Lake Association —
painted vastly different pictures of the 2019 herbicide treatments on
the lake. The DEC probably should err on the side of caution in the wake
of a report so critical of herbicides’ effect in 2019.
The real question is why the report was done in the first place since
the county was paying for an impartial third party study. The answer is
that the Memorandum of Agreement by itself couldn’t bring order to the
chaotic Chautauqua Lake management structure. Even with the Memorandum
of Agreement, there were too many voices speaking about Chautauqua Lake.
The memorandum brought an uneasy truce, but never truly quelled the
boardroom grumbling between the lake’s warring faction.
The
Chautauqua Lake Watershed and Management Alliance is a wonderful tool
for gathering grant money, but it functions more as a loose affiliation
that brings groups together but lets them go their own way once alliance
meetings end. It facilitates teamwork where possible, but groups are
free to form their own plans each summer.
Because there is so little leadership regarding in-water lake
treatment locally, the decision making is left to the DEC. The DEC’s
decision on the Ellery permits actually makes some sense — the agency
wanted to let things in Ellery sit for a year and revisit the need for
herbicides in 2021, particularly in light of the Racine Johnson report.
In our opinion the decision shouldn’t be dumped in the lap of the DEC,
particularly when the DEC is receiving permits that may or may not fit
into a coordinated plan for Chautauqua Lake.
A true consensus is needed on Chautauqua Lake maintenance. There
should be no more surprises, no more competition and no more dueling
press releases and studies. One agency needs to speak with a clear voice
for the betterment of Chautauqua Lake — and that agency needs to walk
the tightrope between herbicide use and ecologic methods of weed
management.
Other counties have figured this out. It’s time for Chautauqua County
to do the same. Of course, we’ve made this same argument in this space
for the last two decades. We don’t have a lot of confidence in those
involved that such a pie-in-the-sky idea will actually happen.
Submitted Photo
An AECOM engineering researcher checks on algae that has been removed
from Chautauqua Lake as part of the U.S. Army Corps of Engineers pilot
program last week.
Scientists from the Engineer Research and Development Center,
a laboratory of the U.S. Army Corps of Engineers, and AECOM
engineering, have spent the past week deploying new harmful aglal bloom
mitigation technology on Chautauqua Lake.
The
program, which runs Aug. 19 to Sept. 4 and is based out of the
Chautauqua Lake Association workshop in Lakewood, is part of a pilot
program called the Harmful Algal Bloom Interception, Treatment, and
Transformation System (HABITATS).
First demonstrated in Florida in 2019, HABITATS is designed to skim
algae from the water, where it can be broken down into useful products
such as biofuels and fertilizer. The process, known as hydrothermal
liquefaction, also destroys algal toxins that can be harmful to humans.
“In 2020, the ERDC and its partners are
assessing new technologies to improve the fuel yields, scalability and
deployability of the HABITATS process,” according to a ERDC news release. “To
make the system more deployable, the ERDC is also developing a mobile
shipboard treatment system that will undergo initial testing on
Chautauqua Lake for harvesting microalgae while cleaning the water in a
contained system.”
Dr. Martin Page, ERDC operational water research team leader, said “Information
learned from the Chautauqua Lake demonstration will improve the
technology so that one day a full-scale, longer-term deployment may be
possible.”
Deployment
of the system on the lake will help to test HABITATS during active
bloom conditions, validate a upgraded on-shore treatment system,
generate data for full-scale designs and deployments, and perform
preliminary testing in order to optimize future use.
“Residents and visitors depend on Chautauqua
Lake for drinking water, recreation and economic activity, but it is
vulnerable to harmful algal blooms that we must mitigate and prevent,” U.S. Sen. Chuck Schumer said. “I
am pleased that the Army Corps has heeded my call to tackle the threat
of harmful algal blooms with this demonstration study.”
Representatives of the Chautauqua Lake and Watershed Management
Alliance and local political representatives have coordinated with
Schumer to help bring the resources of the Army Corps to bear on the
issue.
The results of the 2020 HABITATS demonstration will be published in a technical report later this year.
VERTICAL
PROFILERS IN WATER
Boaters are advised to be on the lookout for a pair of vertical profilers deployed on Chautauqua Lake by The Jefferson Project.
As part of a collaborative effort to study the effects of HABs, the
project has placed one profiler in the north basin between Dewittville
Bay and Irwin’s Bay and another in the south basin between Colburns and
Cheney’s Point.
The profilers, which are yellow and white platforms, collect data on
water conditions from the surface to the bottom every hour, quantify
water circulation patters and monitor local weather conditions.
Boaters are advised to use caution around the VP’s as they traverse
the lake this summer and fall to avoid contact with the platforms and
their mooring lines, which extend beyond the footprint of the barge.
From dusk to dawn the platforms will be illuminated with a white
light indicating that the platforms are anchored and not underway.
The
NYS DEC has issued herbicide permits for three municipalities bordering
Chautauqua Lake. Approximately 87 acres are scheduled for treatment of
Eurasian Water Milfoil on Wednesday, June 24th. ProcellaCOR
EC will be applied by Solitude Lake Management LLC, a certified NYS DEC
applicator. Approximately 7 acres in the Village of Bemus Point; 59.2
acres in the town of Busti; and 20.2 acres in the village of Lakewood
have been permitted. Prior notification has been sent to riparian
owners, warning signs will be posted in conspicuous shoreline locations
with date and time of treatment, minor water use restrictions,
description of treatment area, contact name and cell phone number, and a
statement that signs will be lifted when water use restrictions are
lifted. Treatment details should be posted on all participating
Chautauqua Lake Village and Town websites.
For further information on this, please contact your respective Town/Village clerk or Mr. Glenn Sullivan at 908-310-8775.
Unfortunately, despite the ongoing efforts of the Chautauqua Lake
Partnership and the other lakeside municipalities, another almost 400
acres of Chautauqua Lake requested for treatment this year have been
denied by region 9 NYS DEC due to multiple factors including poorly
documented weed density; opposition by CLA, other lake organizations
and Chautauqua Institution; and lack of Chautauqua County support.
Additionally, the current macrophyte problem in our lake is due to Curly
Leaf Pondweed, another early season invasive, which should die off in
the next few weeks. This has been successfully treated by herbicides in
the past, but this Spring’s COVID-19 crisis precluded any work-related
travel by the DEC and Solitude so application could not occur early
enough to prevent its proliferation. Harvesting is now the only option
for the more troublesome areas.
The other day I drove down the road which runs parallel to
the lake in the town of North Harmony and saw what looked like surveyor
stakes with small red flags attached.
It
tweaked my interest enough to call the sewer district to see if they
were related to extending the sewer up the lake and the answer was “Yes.”
These particular stakes were marking where a 2-inch lateral line
would be laid to gather sewage from homes right along the lake. From
there, the sewage will be pushed by pump/grinders up the hill to the
10-inch main running along Route 394.
GHD, the engineering company involved, has laid out in good detail how the overall system will work. The sewer “main”
will run right along Route 394 from near the BOCES school to Hadley Bay
Road, where it will cross under I-86. It will exit on the Stow side of
the expressway at Old Bridge Road. The main will end there and a 2-3
inch gathering lateral will pick up the sewage in Stow for all of those
low-lying parcels along the lake up to and including Hogan’s Hut.
The completion of Phase I of the project will end at Stow and Phase
II up to Prendergast Point will not begin until additional funding can
be found. Phase III (and the final phase) of the “Westside Extension” project which will cover the hamlet of Ashville is also “on hold” until more money can be found to complete the project.
Building
sewers is time-consuming yet important work. Can you imagine Bemus
Point without sewers? Yet, such was the case until the late 1970s and
early 1980s.
A lot of lessons were learned in running sewers up to the Bemus area,
and one was that low pressure sewer lines are much less expensive to
build than gravity lines. Similar low pressure lines with pump grinders
will be installed in this new extension in North Harmony. Because of
the 8.3 mile distance and the vertical elevation involved at Ramsey Road
and BOCES, two new pump stations will be needed: one in the Hadley Bay
area and the other near the BOCES school.
Though the COVID-19 crisis has made things a bit more difficult, the
engineering program is moving ahead and detailed drawings are expected
to be finished this year so that bids can be taken in March 2021. The
current price tag estimate is $16.6 million. Of this, about $8 million
has been raised in the form of grants from New York state. The
remainder will be financed by an interest-free loan from the state. Bids
will need to come in at or below this estimate if the project is to
proceed. Construction is projected to begin in 2021 and end in 2023.
It is sort of the American way to beat up on government and complain
about its cost. Yet, this kind of infrastructure construction could not
happen without government — this time in the form of a sewer district
expansion. If history is any lesson (based upon what happened when
sewers went in across the lake,) sewers on the west side of Chautauqua
Lake will raise property values as well as help clean up the lake. This
is the kind of long-term, beneficial investment that we should be proud
of.
Rolland Kidder is a Stow resident.
A town of Chautauqua Mobitrac cleans up debris in the Shore Acres Canal.
Submitted photo
The Chautauqua Lake and Watershed Management Alliance has
stressed the importance of cooperation for necessary lake maintenance
projects, especially near-shore cleanup efforts.
This
year appears to be getting off on the right foot for that goal, as the
alliance has begun its work with the town of Busti, town of Chautauqua,
town of Ellery and the Chautauqua Lake Association. “Over the past month, municipalities and
lake organizations have been collaborating with each other to get an
early start on near-shore and shoreline clean-up through the coordinated
removal of decaying macrophytes and debris,” according to an alliance news release.
On May 13, crews used a town of Chautauqua Mobitrac amphibious barge
to clean debris from Vukote Canal, which was disposed of in 14
truckloads by the town of Busti. On May 28, the alliance executed the
Shore Acres Canal clean-up project, coordinating with staff from
Chautauqua and Ellery to remove three truckloads of debris from the
canal.
That effort “restored navigation, water
flow, aesthetics, and fish passage. These two projects are great
examples of how unity of effort can produce responsive and effective
results.”
In
addition to these two specific areas of work, the CLA has been removing
debris that can contribute to nutrient loading and general usability of
shorelines. In the past week, the CLA has removed eight truckloads of
shoreline debris, and the organization will begin working with the town
of Chautauqua on shoreline cleanup in July.
Funding for these projects, which is provided by the Chautauqua
Region Community Foundation, Ralph C. Sheldon Foundation and Lenna
Foundation, has helped to “not only reduce
in-lake nutrient loading by removing macrophytes prior to their
decomposition but also promote water movement, improved recreation, and a
more aesthetically appealing shoreline environment.”
Don Emhart, Chautauqua town supervisor, has been pleased with the early cleanup efforts, and especially the use of Mobitracs. “It’s worked well this spring,” Emhart said. “When
you have these plugged up canals and things it causes it to stink so
it’s best to get it out of there early, and we’ve been pretty successful
doing that I think. It’s a nice little machine that is lightweight. It
gets in to other places, it’s amphibious so if you touch the bottom it
doesn’t get stuck. And it is a one-man operation, so it’s a nice little
machine.”
Our special online fundraising event is live until June 11.
Dear friends of The Lawson Center,
Starting
June today and continuing through June 11, we’ll be participating along
with dozens of other area nonprofits in Give Big CHQ, an annual time of
online giving. With challenges and matching grants, this will be a
special opportunity for you to give to The Lawson Center and make it
count!
Help us build a better future for the community.
Your
gifts will support our mission of educating kids and adults about the
region’s unique boating heritage. This year we're focusing on two big
goals:
Help us restore a classic Chris-Craft Cruiser
Our
crew of volunteers is working on restoring a 1947 23-foot Chris-Craft
Express Cruiser that was donated to the museum. We need to raise $2,000
to pay for materials to restore this popular family boat and create an
educational video of the project.
Help us enrich museum visits with video
We're
adding a touchscreen kiosk and individual tablet PCs that will enhance
visits to The Lawson Center with rich, interactive video content. We
need to raise $1500 for this project.
Set
a reminder for June 1, 2020. That’s the first day you’ll be able to
give through this program and take advantage of special online
challenges and matching grants that will make your gift go even farther.
Watch your email and our Facebook page for more information and reminders to come.
Dear CLP Members,
Starting June 1 and continuing through June 11, we will be participating
along with dozens of other area nonprofits in Give Big CHQ, an annual
time of online giving. This will be a special opportunity for you to
give to the CLP and make it count!
Help us build a better future for the lake.
Your gifts will support our mission of making our lake beautiful and healthy. We are focusing on two big goals:
Funds to support the
application of herbicides once the permits are approved by NYSDEC. The
success of the 2019 herbicide application program needs to continue.
The lake was free from weeds that inhibit use of the lake for boating,
swimming and fishing; and contribute to Harmful Algal Blooms (HABs).
Funds to support the joint
Bowling Green State University Project to identify where phosphorous is
coming into the lake and mitigate it. Phosphorous contributes to the
that have proliferation of HABs throughout Chautauqua Lake later in the
summers.
Set a reminder for June 1, 2020. That’s the first day
you’ll be able to give through this program and take advantage of
special online challenges and matching grants that will make your gift
go even farther.
Watch your email and our Facebook page for more information and reminders to come.
Thanks!
Connect with CLP
Find us on Facebook at: Chautauqua Lake Partnership, Inc.
and Twitter at:
https://twitter.com/ChautLakePart
SPRING SEASON 2020
CHAUTAUQUA LAKE PARTNERSHIP UPDATE
The Chautauqua Lake Partnership (CLP)
hopes this update finds you healthy and safe as we move through the
current pandemic emergency! The cold and wet weather has all of us
looking forward to warm and sunny days. The warm weather gets growing
anticipation of enjoying our beautiful Chautauqua Lake.
CLP has continued to work throughout the winter and spring to make the
2020 lake season the best ever! We continue our multifaceted approach
to help the development of a healthy, vibrant water-body for everyone.
CLP has expanded our program to include monitoring phosphorous levels in
the lake, assist in shoreline clean-up (Moby Trac), and continue to
facilitate municipal permitted herbicide treatments. More details
follow:
The phosphorous monitoring program, in
conjunction with Bowling Green State University, will continue for
2020. Monitoring the 16 tributaries entering the lake is underway and
there will be four phosphorous sensors and one nitrogen sensor deployed
in the lake. Data will be collected and examined to begin mapping hot
spots feeding the blue algae in the lake.
We continue to facilitate, along with the
Alliance, improved weed fragment cleanup along the shoreline. There
will be four Moby Trac units managed by the Town of Chautauqua and
assisted by the CLA.
We have worked with all local
municipalities to provide and plan for herbicide treatment in 2020, with
the assistance of Solitude. We began our work this year with a new
herbicide, ProCellaCor EG, which has been approved for use and was
included in the permit applications to NYSDEC. The permits are pending,
awaiting the weed surveys, which have been delayed to June because of
weather keeping the water temperatures below 50 degrees. This new
herbicide is a welcome addition because it has no water use restrictions
of significance.
CLP joins all who enjoy Chautauqua Lake in
renewed hope and prayer that the current pandemic subsides allowing for
a beautiful summer season of lake enjoyment.
Please consider helping CLP in our mission to assist in comprehensive
lake water improvement by joining and donating to support our ALL
volunteer efforts.
Connect with CLP
Find us on Facebook at: Chautauqua Lake Partnership, Inc.
and Twitter at: https://twitter.com/ChautLakePart
Don Emhardt, Chautauqua town supervisor, is
pictured operating a Mobitrac to clean up floating debris in Vukote
Canal in a collaborative project with the town of Busti.
Submitted photo
“Collaboration is an absolute key of the alliance, it’s what we are trying to do all the time.”
Those
were the words Thursday of Vince Horrigan, interim Chautauqua Lake
& Watershed Management Alliance director, when briefing board
members and the public on lake maintenance progress during the 2019
season and plans for increased cooperation in 2020.
PAST SUCCESS
The alliance has undertaken 56 projects in the five years since its
inception, generating $6.4 million dollars in funding at an average of
$1.2 million per year. These projects include a wide range of different
methods used to pursue increased recreational usability and improve the
ecological health of the lake.
Funding for these projects includes state-issued grants as well as
partnerships with local foundations and not-for profit organizations.
Stream bank work and restoration includes efforts to improve Dutch Hollow Creek. The goal of these projects is “to
try to keep all of the erosion back in the streams and trying to get it
from coming into the lake. This will continue to be an important
process as we move forward,” Horrigan said.
Addressing water table runoff issues, like sedimentation and nutrient
deposits, are Lakewood’s Chautauqua Avenue Project, the Busti Swales
Project and the Grandview Stormwater Management Project. Horrigan was
encouraged by cooperation between municipalities on these fronts. “Lakewood/Busti has really done quite a bit
with an engineering and planning grant. Lakewood’s Chautauqua Avenue is
going to be a great project up there with the village and the town,” Horrigan said. “The
Busti swales to try and keep the bad stuff out of the lake. The village
of Celoron, it is incredible what has been done there from the break
wall to the amenities building.”
HERBICIDE TREATMENT
Last season, five different municipalities treated 388 acres of the
lake with herbicides Aquathol K and Navigate, which improved recreation
in the south basin. “I can tell you that the residents, property
owners, the hotel down there, saw a much-improved area in the south
basin of the lake,” Horrigan said. This treatment was
complemented by lake-wide harvesting by the Chautauqua Lake Association,
which gathered 4,337 tons of macrophytes during the regular season and
156 tons during the extended season.
A unified effort in 2018 and 2019 was undertaken during the Burtis
Bay Cleanup. This project involved maintenance on a 2,950-foot section
of the bay shoreline, with contributions from the CLA, Town of Ellicott,
Chautauqua County, Village of Celoron and the Alliance. Looking
forward to 2020, six different municipalities have applied for herbicide
treatment permits from the New York State Department of Environmental
Conservation. This treatment would utilize the new herbicide
ProcellaCOR, which does not come with water use restrictions.
The alliance has secured $605,000 in consolidated foundation grants
for this season, which will be used on a variety of maintenance
projects. “We use a balanced approach. We
looked at the watershed and sources of nutrient loading and the
long-term impacts. Projects associated with that, and then of course our
in-lake maintenance,” Horrigan said. “We want to improve the short term, but the reality is this is lake maintenance. It’s going to go on every year.”
NEW TOOLS
The Chautauqua Lake & Watershed Management Alliance has developed
a rapid response team to deal with any invasive species which threaten
the health of the lake, and is relying on a broad base of scientific
information to monitor the effectiveness of its programs. This includes
phosphorus sensors put in place by the Chautauqua Lake Partnership and
Bowling Green State University, Solitude Lake Management’s forthcoming
weed survey of Burtis Bay, and new tools.
The group is in the process of field testing the Chautauqua Lake
Aquatic Data Mapping Project, a new aquatic data collection initiative
which will utilize sonar-based aquatic plant and bathymetry mapping
software. In an effort to to better comply with the Memorandum of
Agreement on lake maintenance, the Alliance is looking to secure funding
for GPS monitoring devices from the Chautauqua Region Community
Foundation. These units would be used to track the activity of CLA
barges and Mobitracs. “Three will go on the Mobitracs and six will go on the harvesters and Mobitrac support units,” Horrigan said. “We are hopeful on that grant but it will be up to the Community Foundation board which meets next Wednesday.”
The board passed a resolution to issue $90,000 in grant funding to
the CLA, with provisions that GPS locators are put in place in order to
comply with the MOA. CLP President Jim Cirbus voiced his concerns about
inconsistent enforcement of the MOA during the past year, and stated
that the Alliance cannot serve as an independent third-party monitor on
these issues. Cirbus said that the CLP has complied with third-party
monitoring as mandated by the MOA, but that other organizations have not
been scrutinized as closely. With some municipalities struggling to
fund herbicide treatment this year, Cirbus questioned the allocation of
money for third-party monitoring when there has been no penalty for
those not complying.
FUNDING CHANGES
The board approved a reallocation of $5,000 in funding to begin early
season nearshore clean-up activities coordinated by Busti and the Town
of North Harmony. The excess funds were available due to a lower than
expected purchase price for Mobitracs made by the Town of Chautauqua.
The board agreed on the use of $60,000 in funding from the county
through the occupancy tax program. This will be split, with $30,000
reserved for herbicide treatment in Burtis Bay if it is needed and
approved, and $30,000 for third-party monitoring of herbicide
application.
ELECTIONS
For 2020, three of the nine alliance board seats were up for election
of three-year terms. PJ Wendel was awarded the county executive seat;
Jim Andrews was re-elected to the municipal seat; and David Shepherd was
re-elected to the At-Large seat. Alliance board officers elected during
the session were Chair Pierre Chagnon, Vice-Chair Ted McCague,
Secretary Mike Jabot and Treasurer Andrews. This will be Chagnon’s
fourth consecutive 1-year term, which was affirmed by a 2/3 vote by the
board.
RESEARCH PANEL
The alliance had planned to host a scientific research panel open to
the public on July 18 at 9:30 a.m. at the Village Casino in Bemus Point.
This panel would include scientists from Bowling Green State
University, The Jefferson Project and SUNY Fredonia with demonstrations
and discussion on different lake maintenance methods. In light of
Covid-19 restrictions, that meeting may have to be rescheduled or held
virtually.
SCIENCE COMMITTEE
The Alliance intents to repurpose its science committee in light of
the increased amount of lake maintenance data coming from multiple
sources. “With the onset of multiple sources of
professional lake survey data, such as the CLAD initiative, phosphorus
sensor data collection, new harmful algal bloom studies by the U.S. Army
Corps of Engineers and the Jefferson Project, the time is right to
recharter the scientific and advisory committee into the data analysis
and research committee,” Horrigan said.
Phased Reopening and Resiliency Planning for Businesses
New
York State has begun the process of reopening businesses in the state,
by region and by sector. The State has just (5/13/2020) released
guidance information for Phase One businesses (construction,
manufacturing, curbside retail). While most of the tourism oriented
businesses in Chautauqua County are likely to be Phase Three and Phase
Four businesses, we strongly recommend you review the State’s Reopening Guidelines for Retail Businesses Offering Curbside Pick-up
now. These guidelines should provide some helpful initial insights as
to what the State may be looking for from individual business reopening
plans as things move forward in the weeks ahead.
Additionally, here is a link to a full description of Phase One Reopening Requirements.
You will see that businesses are being asked to (1) Review the
guidelines, (2) Affirm that they have read them, and (3) Print a
Business Safety Template. The template for Phase One businesses is a
checklist that aligns with the requirements indicated in the Guidelines.
We may be able to expect something similar for Phase Three and Phase
Four businesses when we reach that timeframe.
CCVB
has been working with Chautauqua County government, CCIDA, the
Chautauqua County Chamber of Commerce, and others in the process of
developing COVID-19 Business Preparedness and Reopening Plan templates
for various sectors of the economy to utilize. The Tourism Business and the Restaurant templates
should be helpful as you develop your own business preparedness and
reopening plan. These can be especially helpful as you outline your
actions on an internal level and train staff, enact safety measures,
etc.
These templates and other information and resources are available on a special section of TourChautauqua.com. Learn More.
SBDC E-Commerce Strategies Webinar
The Small Business Development Center at JCC will be presenting a
webinar at 8:30 a.m. on Wednesday, 5/27/2020 on the topic of
implementing E-Commerce Strategies for businesses. The webinar is free,
but registration is required. 716-338-1024, ttps://www.sbdcjcc.org/
Content
included in this communication that has been provided by specific
organizations, individuals, or governmental entities does not
necessarily reflect the views, opinions, or positions of Chautauqua
County Visitors Bureau, its board, staff, or members. We will endeavor
to identify the source of any information provided by external
entities.
It is not a given that every sale will close on the contracted closing
date. With this in mind, it is important to have contingency plans to
cover any delays that will hinder moving plans for both buyer and
seller. The buyer who wants to move in prior to a delayed closing and
the seller who accommodates such a request may find themselves in a
predicament if things don't go according to plan. Keep in mind that even
if there is a written agreement to allow an early move-in, a legal
dispute can still evolve from the unforeseen.
Early occupancy by a buyer means that the seller will have to
maintain insurance on the property until closing, but there will be a
potentially costly change to that policy. The new coverage would be
landlord insurance to cover the now "tenant-occupied" home. Part of the
closing process is the funding of the buyer's loan and a final check of
clear title. If a final verification of employment is not in order for
the underwriter, funding will not occur and may cause the lender to
withdraw the loan commitment. If the final title check reveals a
last-minute recorded encumbrance against the property, the sale closing
could be indefinitely delayed. These are all good reasons for early
occupancy to be avoided.
While the buyer benefits the most from an early move-in, the seller
potentially suffers great loss in the event of any buyer default. The
seller will have vacated their home, thinking it was sold. This, coupled
with the house possibly having been altered or damaged by the buyer
during early occupancy, could create unanticipated financial hardship.
The seller still owns the house and remains liable for activities on the
property.
In any of these scenarios, it wouldn't be long before buyer and
seller would find themselves entangled in a legal battle over monetary
damages. The message is loud and clear. Both the buyer and seller need
to plan their moves with a flexible timeline and avoid early buyer
possession in the event unexpected delays cause a late closing.
If you're considering upsizing or downsizing, let me know what I can
do to help make that transition as smooth as possible for you.
