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Inland Lake Properties – Know Your Rights

July 19, 2010

If you own land bordering an inland lake, and the deed describing your parcel of land identifies the boundary as the shoreline, Michigan law presumes that the grantor (person who passes the real property) meant to transfer the land under the water to the middle of the lake.

Once an owner's rights have been established, their exercise of rights must be reasonable and may not interfere with the rights of other riparian owners (owner of land bordering on a river or other body of water such as a lake) or the public.

Riparian Owner’s Rights
The riparian owner has the right to build a wharf or dock extending from his or her bottomland, so long as the wharf or dock does not interfere with the rights of other riparian owners or prevent navigation on the lake.  The riparian owner may also prevent a member of the general public from permanently anchoring on the portion of the bed of a lake that he or she owns.

A riparian owner's right to use the water bordering on the owner's property includes the right to boat on the whole surface of that water. The riparian owner also has the right to fish on the whole surface of the lake.  Other recreational use rights include the right to swim in the waters, the right to water ski on, ice skate on, and participate in other aquatic sports on the waters.

These rights extend not only to the proprietors but to their lessees.

Easement Owner’s Rights
An easement for owners to a lake or river does not give rise to riparian rights but only to a right of way.  This includes "a right to use the surface of the water in a reasonable manner for such activities as boating, fishing and swimming."  They have the right to temporarily anchor boats but can not build a dock or wharf.

The area of water access issues is a complex one. If you believe you have an issue concerning water access, your best course of action is to immediately contact an attorney who regularly handles these types of legal issues.