How Did Evan McCrae Use Kestrel Dam Against HOA Karen’s 139 Vacation Cabins?

TL;DR

Evan McCrae countered 139 unauthorized vacation cabins by documenting his shoreline ownership and using his control of Kestrel Dam to raise the lake toward its natural high-water line. The cabins stood at elevations of 1,839–1,844 feet, while engineering records showed the dam could safely hold water at 1,845 feet. Read on to see how deeds, GPS measurements, legal notices, and dam records supported his response.

Transcript

HOA Karen built 139 vacation cabins on my lake and she forgot to ask one tiny question. Who controls the water? I'm Evan McCrae, fifth generation steward of Lake Kestrel and the old stone lodge that watches over it. Sloan Whitfield, our platinum smiled HOA queen, decided my shoreline was her sandbox, slapped a forged plat on the county desk, and ma... Read More

Key Insights

• The disputed development began with an HOA newsletter advertising a recreation area on Lake Kestrel’s northern cove, land that Evan McCrae said belonged to his family trust through recorded deeds, tax records, and ownership of the lake bed and shoreline.
• The HOA survey shifted the property boundary hundreds of feet into McCrae’s land, claiming approximately 50 acres of shoreline. McCrae found that the surveyor named on the filing had lost his license two years earlier for falsifying documents in another zoning dispute.
• McCrae’s evidence included a deed chain dating to 1923, records from a 1976 sale of adjacent land, a recent GPS-based survey, and new measurements taken every 30 feet with a Trimble rover. He compiled the findings into a 40-page technical report.
• The HOA continued developing after receiving a certified cease-and-desist letter that alleged criminal trespass and civil fraud. McCrae concluded that Sloan Whitfield’s strategy was to delay legal resolution until completed buildings became difficult to remove through litigation.
• The construction operation cleared approximately 50 acres, damaged old trees and wetlands, and installed foundations, utilities, septic tanks, decks, and prefabricated structures. Within eight weeks, 139 high-end vacation cabins stood along the shoreline claimed by McCrae.
• McCrae documented the construction with dated, geotagged recordings and GPS overlays rather than immediately obstructing the contractors. When a deputy reviewed the competing surveys, he characterized the confrontation as a civil dispute and declined to make an arrest.
• Kestrel Dam normally held the lake at an elevation of 1,838 feet, according to Colin McCrae’s 1928 engineering records. Those records also identified 1,845 feet as the natural high-water line and confirmed that the dam had structural capacity at that elevation.
• The cabins were built between elevations of 1,839 and 1,844 feet, placing them above the lake’s maintained level but below its documented natural high-water line. This elevation difference made control of the dam and water level central to the property conflict.

Questions & Answers

Q: How did Evan McCrae stop the HOA’s 139 vacation cabins?

McCrae first documented his ownership claim through deeds, sale records, GPS surveying, and a 40-page technical report. After the HOA continued building, he relied on his control of Kestrel Dam and raised the water toward the documented natural high-water line of 1,845 feet, above the elevations where the cabins stood.

Q: How did McCrae discover the HOA’s disputed boundary change?

An HOA newsletter advertised a recreation area on Lake Kestrel’s northern cove, which McCrae claimed as his land. When he compared the county plat with his digital property overlay, he found that the boundary had shifted hundreds of feet and claimed about 50 acres of shoreline.

Q: Why did McCrae consider the HOA plat map fraudulent?

The surveyor who signed the map had lost his license two years earlier for falsifying documents in an Asheville zoning dispute. McCrae’s comparison of the HOA map with historical records and new GPS measurements also showed a precise boundary shift onto his property.

Q: What evidence supported McCrae’s shoreline ownership claim?

McCrae assembled a deed chain dating to 1923, records from the 1976 sale of the adjacent 1,000 acres, and his most recent GPS-based survey. He also measured the border every 30 feet with a Trimble rover and compiled the coordinates, timestamps, deeds, and overlays into a 40-page report.

Q: What did McCrae do before changing the dam’s operation?

He sent a certified cease-and-desist letter asserting ownership of the Lake Kestrel bed and shoreline and warning of criminal trespass and civil fraud. He also presented his report at an HOA board meeting, contacted the sheriff, and documented construction with dated, geotagged recordings and GPS overlays.

Q: How quickly did the HOA build the 139 vacation cabins?

The development installed 139 high-end vacation cabins within eight weeks. The work included clearing approximately 50 acres and adding foundations, utilities, septic tanks, HVAC units, decks, and prefabricated structures.

Q: Why was Kestrel Dam’s operating elevation crucial?

Engineering records showed that Kestrel Dam normally maintained the lake at 1,838 feet but had structural capacity at the natural high-water line of 1,845 feet. That seven-foot difference mattered because every cabin was positioned between 1,839 and 1,844 feet.

Q: Where were the cabins located relative to Lake Kestrel’s water levels?

The cabins stood between elevations of 1,839 and 1,844 feet. The lake was normally held at 1,838 feet, but its documented natural high-water line was 1,845 feet, placing all 139 cabins within that elevation range.

Summary & Key Takeaways

• Evan McCrae discovered that Kestrel Ridge HOA planned a recreation area on the northern cove of Lake Kestrel, which he claimed through his family trust. Comparing county records, historical deeds, and new GPS measurements revealed that the HOA’s survey had shifted the property boundary hundreds of feet onto his land.

• McCrae assembled a 40-page report with coordinates, timestamps, deeds, and survey evidence, then sent a cease-and-desist letter. Sloan Whitfield rejected his ownership claim and continued construction. Bulldozers cleared approximately 50 acres, and contractors rapidly installed 139 high-end vacation cabins representing an estimated $12 million in allegedly unpermitted development.

• Family engineering records showed that Kestrel Dam normally maintained the lake at 1,838 feet but had structural capacity at the natural high-water line of 1,845 feet. Every cabin stood between 1,839 and 1,844 feet. McCrae therefore relied on documented ownership, dam controls, and gravity to challenge the shoreline development.