As a property owner on Barron Lake, you have riparian rights.
The Michigan Lakes and Streams Association has prepared a brochure that outlines your rights as well as limitations. Riparian-Rights-Brochure-2020
The following article was written for Summer Shores of Southwestern Michigan magazine Summer 2020 edition, and is used on this website with permission.
If you own property on an inland Michigan lake, you typically enjoy lake access and other riparian rights to the lake.
But what about “backlot” owners with property behind the property directly abutting the lake? Are they completely shut out of lake access? The answer is not as simple as one might think. In fact, both backlot and riparian owners could often benefit from the help of an experienced attorney when lake access issues arise.
While backlot owners do not enjoy riparian rights by virtue of their property of ownership, there are a number of ways by which they may obtain rights to lake access and use. One of the most common is through an access easement.
An access easement provides the beneficiaries the right to cross riparian land to access a lake. The beneficiaries will be listed in the recorded legal instrument establishing the easement, which will generally be recorded in the county register of deeds. While an easement provides the right to access a lake, it does not actually transfer ownership. Legal title to the riparian property remains with the riparian owner.
Further, an access easement provides only access to the lake unless other rights are spelled out in the easement paperwork. In other words, non-access activities will typically be beyond the scope of the easement. An access easement usually will not include the right to install a dock or moor boats.
Backlot owners can obtain lake access through a prescriptive easement. If backlot owners cross riparian land to access a lake without permission, this is a trespass. But, if the backlot owner uses the riparian land for lake access continuously for at least 15 years without permission, he or she may obtain a prescriptive easement.
Michigan courts have held that a prescriptive easement vests automatically (i.e. without court action) and runs with the land. Further, the 15 years may be combined by current and previous backlot owners as long as the use is continuous. Prescriptive easements could even include the right to build a dock or moor boats. Riparian owners should be vigilant to either prevent backlot lake access over their property or give explicit permission to specific backlot owners to prevent a prescriptive easement from vesting.
Lawsuits regarding backlot access can be complicated and expensive. You should always contact a riparian attorney if you have questions regarding lake access, whether you are a backlot or riparian owner.
