Riparian Rights
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Public Roads and Lake Access
May 9, 2013All roads lead somewhere, but what type of public roads provide access to a lake? The first consideration is whether the road terminates near the shore of a lake, or whether it is a road that runs parallel to the lakeshore. Unfortunately, members of the public and even local municipalities and law enforcement agencies often fail to recognize this distinction.
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Things to Consider When Buying Waterfront Property
February 26, 2013It is always a good idea to seek the advice of experienced counsel before purchasing any real estate. In addition to issues raised in connection with any purchase of real estate, the following are particularly relevant if you are considering the purchase of waterfront property
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No Prescriptive Right to Dock in Plat
January 10, 2013In November, 2012 the Michigan Court of Appeals decided O'Brien v. Hicks, which involved the use of two dedicated parkways that terminated at the shore of Otsego Lake. Though the parkways were dedicated to the use of the public, in a 2003 court case, the public's interest was vacated, though owners of lots within the plat retained rights to use the parkways. In 2012, the court of appeals addressed appropriate uses of the parkways by backlot owners.
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Where do the Road and Public Access Rights End?
November 19, 2012Those who own waterfront property adjacent to a road-end frequently encounter issues related to public access. In Michigan, roads that run perpendicular to a lake frequently provide access to a lake, though the road itself stops short of the water. As demonstrated by a recent case decided by the Michigan Court of Appeals, determining whether any given road provides public access can present a number of difficult factual and legal issues.
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What Should Waterfront Property Owners Know About Plats?
October 31, 2012People have always been drawn to the water, so it is no surprise that many lakefront areas in Michigan were developed in the early part of the last century. Many waterfront areas were developed as plats, which are pictorial representations of how a landowner, or plat proprietor, chose to lay out the land.
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Dock Permitted at Access Easement – No Good Deed goes Unpunished
October 8, 2012Are there circumstances under which a lakefront easement granting only "access" rights can be used to erect a dock? In Krantz v. Terrill, issued on September 20, 2012, the Michigan Court of Appeals answered that question "yes." There are several interesting lessons from that case for owners of waterfront property.
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