In Banacki v Howe (COA No. 302778), the extent of backlotters’ right to use East Court, a 25-foot wide strip of waterfront land that lies between lots 12 and 13 in the Gilmore Beach Subdivision extending to Magician Lake, was in dispute. The Gilmore Beach Subdivision contains the Van Buren County and Cass County line. Continue reading “A Privately Dedicated Street Is Treated the Same as a Public Street for Lake Access Purposes”
Public Act 56 of 2012 is a newly enacted law regarding the use of public road-ends terminating at the edge of a Michigan inland lake or stream. Continue reading “Michigan’s New Road-Ends Law, Public Act 56 of 2012”
On December 29, 2010, the Michigan Supreme Court released its lengthy 4-3 opinion regarding Michigan riparian rights, a term to describe legal rights to use waterfront property for certain activities like building recreational boat dock.
The case, 2000 Baum Family Trust v. Babel, involved property owners with lots that front Lake Charlevoix (the “front-lot owners”) yet are separated from the water by Beach Drive, a public road maintained by the Charlevoix County Road Commission. These front-lot owners along Beach Drive, believing they have riparian rights, built seasonal docks from the shoreline into Lake Charlevoix even though their lots do not touch the shoreline. Local neighbors without lake front access (the “back-lot owners”) also began maintaining their own docks and storing their boats along Beach Drive on Lake Charlevoix. Continue reading “Michigan Supreme Court Expansively Defines Lakefront Riparian Property Rights Abutting Public Roadways”