The Court of Appeals affirmed what we’ve long argued: the plat correction procedures of the Michigan Land Division Act cannot be used to create new property rights.
In Studley v Township of Hill, a lot owner who abuts a privately dedicate 16-foot wide Beachway running from the public Lake Shore Drive to the edge of Rifle Lake. It was only the private access for the backlotters of the Plat of Shady Shores Park Subdivision to access Rifle Lake. Continue reading “The Land Division Act Plat Correction Procedures Cannot Create Nonexisting Property Rights”
When a plat shows a lot is bounded by the meander line of a lake, the grant of land is to the water’s edge.
In Gilroy v. Speidel, the Court of Appeals was called upon to interpret the scope of an easement plaintiff Gilroy had over defendant Speidel’s property on Lake Huron. The easement’s language is unusual in that it granted defendant an easement on the east 24 feet of Lot 20 except the North 340 feet thereof… to restrict construction or improvements on this property to maintain the view from the Gilroy property.” The easement also granted Gilroy the right to have a walkway to the shore of Lake Huron. Continue reading “COA Decision: Property Labelled by a Meander Line “Defines the Sinuosities of the Banks””