Water Rights on a Private Lake

[Ruben Ramon]

I own waterfront property on a private lake. The association ownes the lake bottom. There is NO public access to this lake. The association consists of lake front property owners and lake access owners. My question is, are there any riparian rights inherent in this setup? Or is is up to the association to set up the rules? Also, are there any publications that discuss this? I haven't been able to find any.

 

[chollowell]

Ruben,
Are you apart of the association? Also, the riparian rights will stop where your property line is, if the association owns the bottomlands. You can google riparian rights to see if it applies to you. Also, look at your deed and the record plat for the development, as well as, all pertainent (sp) information that should be with the closing documents.

Dave

 

[Walter Kirk]

If the lake association is similar to a normal homeowner's association than you should consider the lake like any other common area like a tennis court, pool, community hall, etc. As such you would have no individual rights to a common area, only the rights to use a commonly owned feature.

 

[Hall McClenahan]

In this area it is common for the association to own the lake bottom and 10 to 15 feet of shore line starting at edge of water, which we know fluctuates with weather conditions. It is clearly indicated on the warrantee deed and association agreement.

You might start there.

 

[Farm Gal]

Ruben:

You should have been provided with either a clearly defined legal description which specifies the rights accorded you OR references a set of CCR's (Codes Covenants and Restrictions) or other legal agreements which define what is due to and from you as a member of the co-operative or other joint ownership situation.

If you didn't get one GET ONE.

If none exists you are screwed as whoever is in charge of the ownership group is gonna get to tell you what you can do with your rights. At thier pleasure, possibly not yours.

 

[Michigander]

Which lake Ruben? What county?

 

[Charley Horse]

http://www.mwai.org/WATER_LAW.htm

http://www.mi-riparian.org/ASP-Pages/IH-Page_Display.asp

 

[Ruben Ramon]

gratiot, rainbow lake

I dont think riparian rights apply in this case as everything is private.

 

[Michigander]

Ruben, I don't see a Gratiot County but assume this is Wayne? If that is the case, then the inland lakes map won't work, but please check anyway.

http://www.michigan.gov/dnr/0,1607,7-153-30301_31431_32340---,00.html

This is a wonderful site to check regarding lakes in MI.