Posts Tagged “Prescriptive Easement”

• Lake Michigan Road End Beach Closed by Court

  August 6, 2012
  By: Eric J. Guerin

  121st Avenue in Ganges Township, in Allegan County, terminates near Lake Michigan and has been used by members of the public as a "road end" beach for years.  Activities at that road end have been the source of litigation, with the most recent case filed in 2006, Benninghoff, et al v. Tilton, et al, Allegan County Circuit Court Case No.  06-39595. On August 2, 2012, Circuit Court Judge John E. Dewane issued a judgment prohibiting use of the road end as a beach.

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• Is your neighbor’s dock on your bottomlands?

  July 6, 2012
  By: Eric J. Guerin

  Owners of waterfront property often forego a large yard in favor of being on the water.  Many of the areas around Michigan's inland lakes were platted in the early part of the last century, when zoning codes were much less restrictive or non-existent. Especially in times of low lake levels, things on the water become crowded and neighbor is pitted against neighbor.  In some areas, there is a race to get docks installed in the spring, though bottomlands are not prorated on a first come first served basis.

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