Waterfront Property Legal

If you are considering purchasing a co-op-owned vacation home, it is very important that the cooperation agreements be reviewed by one of our real estate attorneys to fully understand the rights and restrictions associated with the ownership, use, and disposal of a co-op entity on the Lake Michigan waterfront property. The Michigan Department of Environmental Quality manages and regulates much of these activities, although local authorities can take over the approval authority with MDEQ-approved zoning orders. As a result, the permitting and construction process can be expensive and time-consuming, limiting your use. Because of these restrictions, riparian properties that are not located in a critical dune area may have a much higher value than properties located in an essential dune area. Your business has a lot at stake when it comes to acquiring commercial or industrial real estate on the waterfront. You need reliable and competent legal advice for this, and even if something happens that threatens your ability to manage your waterfront business in the face of environmental and other challenges. Our four-person legal team, backed by the strength of the law firm Pender & Coward, has decades of experience in federal and state courts, federal and state agencies, local boards and commissions, and private party contract negotiation. Yes and no. For decades, private landowners and hikers along the shores of Lake Michigan have argued over the extent to which a member of the public is allowed to walk along the beach of a private owner or private homeowners association. In 2005, the Michigan Supreme Court finally answered the question. Like access conflicts, disputes usually arise between the owner of properties with a frontage on Lake Michigan and the landowners behind it. In the typical situation, a buyer acquires a property with no frontage on Lake Michigan, but a view of the lake. Later, the owner of the frontage property begins construction in such a way that the rear owner`s view of Lake Michigan is impaired or completely blocked.

Making a seabed «accessible on foot» is important to make a property «usable». Just as you can walk on your own dry property, your coastal rights stipulate that you own the seabed. You have the right to make it «accessible on foot» to quietly enjoy your waterfront. That`s why owning the seabed is a big problem. and using a MuckMat Pro is a great idea. If you are considering selling, buying or building waterfront properties, in addition to a real estate agent, you should consult with an experienced waterfront real estate attorney who will assist you throughout the process. Many waterfront and waterfront properties have been passed on or sold from generation to generation and are operated under vaguely established ownership, easement and access agreements that may have been entered into decades ago with a simple handshake. The court did not address the public`s right to use an owner`s beach for activities other than walking, running, etc. In other words, the court did not address the question of whether or not a member of the public could sunbathe on a private beach, make a campfire on a private beach, picnic on a private beach, play volleyball, etc. without the permission of the owner, whether or not the activity took place below the normal high water mark.

Of course, interpretations make things more complex and you probably know that legal issues are rarely dry. There are ecological and other considerations. Did you know that Holland`s waterfront area is one of Michigan`s most contentious areas, largely due to a high number of waterfront land disputes? They argue that your right to enter and exit gives you the legal authority to «clear» a waterway up to a certain width (they vary between 12 and 30 feet wide) to open the water. Whether it is 10 meters or 200 meters long, you have the right to enter and exit to exercise your right to peaceful enjoyment of the lake. There are many opinions about what homeowners can and cannot do on the water. Opinions are like noses – everyone has one. And like noses, we should keep them away from other people`s business. If you need advice, advice, or assistance regarding a water and shoreline rights issue in Michigan, contact an experienced waterfront real estate attorney at Kline Law or call our office directly at 616.719.7603. Access conflicts usually develop between the owners of the Lake Michigan waterfront and the owners behind them.

A common situation arises when someone buys land with the Lake Michigan front and discovers that one or more owners behind them are claiming access to what they thought was their private beach. Waterfront Property has special and specific legal rights. I am not a lawyer, so this is not legal advice. But I owned a real estate license for several years, listed and sold lakeshores, and bought and sold several myself. I studied real estate law, as it applies to the rights of riparian property owners. That said, get a lawyer if you need one. Many properties are also part of waterfront co-ops or other unique forms of ownership that can significantly limit the property`s desired use and final resale value. As with a broker involved in the sale, we can review surveying, title status and other property-related charges. We can help solve these problems. A waterfront area is unique to each waterfront property. Under Virginia law, only a court can determine the riparian area of a waterfront property.

This process can be very long and complicated. Learn about the requirements that waterfront property owners must meet to develop their waterfront. Similar problems may arise with respect to rights to designated and sometimes non-designated parking areas, wells and septic systems. Because disputes are so widespread, a detailed boundary investigation that identifies any improvements to the property is essential before making a purchase decision. «Shoreline» is often used in reference to the ownership of the lake – this is common, but it is false. In order to enjoy your property serenely, you must be allowed to make it «clean, comfortable and usable» (these conditions may vary by state, but the idea is the same). Growing up in western Michigan meant dreaming of owning your own vacation home or lakeside vacation home. These dreams likely did not include images of riparian rights, access to water, and lakeside disputes, or any of the unique legal issues associated with owning waterfront, lake, or waterfront properties. A common reason to live on water is that homeowners have access to deeper water through a jetty. Building a pier may seem simple, but there are a variety of disputes that can arise and hinder construction. Our team shares the common pitfalls faced by riparian property owners when building jetties. Yes.

Many lots on the Lake Michigan Waterfront property have been owned by one or more family members as a family home for generations. Traditionally, home ownership has been achieved through «tenant in common» arrangements, where each family member owned an equal percentage of the royalty right on the property. If you need a lawyer regarding waterfront real estate, find one that specializes in waterfront real estate – and make sure that lawyer is a good one. Qualified real estate agents can be a valuable resource for buyers, especially when it comes to buying properties on the Lake Michigan waterfront. However, the Lake Michigan waterfront property presents a variety of legal challenges that must be reviewed by a qualified attorney. Kline Law`s waterfront real estate lawyers specialize in advising and assisting clients facing legal issues related to owning real estate on a lake, river or other waterway. These issues can often involve outdated and obscure regulations and require the help of a lawyer who is familiar with the laws, language, and restrictions that govern this unique area of real estate law. Over the years, the Lake Michigan Waterfront family property evolved into more complex arrangements, where companies were formed to hold securities with different family members who had an interest in the entity.