734-359-7018
Now Accepting New Clients!
Blog

REAL ESTATE 12: Plaintiff sought to limit the rights of non-riparian lot owners.

Plaintiff sought to limit the rights of non-riparian lot owners to maintain a dock at the end of a dedicated private road abutting a lake.

A riparian owner has the right to build and maintain a dock at the edge of the water. The reservation of a right of way for access to a body of water does not give rise to riparian rights, but a riparian property owner may grant an easement to backlot owners to enjoy certain rights that are traditionally regarded as exclusively riparian.

Here, the plattors of the Subdivision dedicated the streets as shown on said plat to the use of The public excepting those indicated as ‘Private’ which are dedicated to the use of The Lot Owners. At issue in this case is a street between lots 31 and 32 that ends at the lake and that was designated as private on the plat map.

Plaintiff argues that the trial court erred in finding that defendants were riparian landowners, but the trial court made no such finding; it determined that defendants had access to the road and could maintain a dock based on cases that involved rights incident to a dedication of platted property. Essentially, the court concluded that the plattors of the Subdivision reserved a private way of access to the lake for the lot owners of the subdivision.

Generally, roads that are dedicated for public use and terminate at the shore of navigable waters are presumed to have been intended to provide public access to the water. A road dedicated to private use that terminates at the edge of a lake should be presumed to have been intended to provide access to the lake.

Individuals who gain access to a navigable waterbody have a right to use the surface of the water in a reasonable manner for such activities as boating, fishing and swimming, as well as the right to temporarily anchor boats.  The right to build a dock at the end of an access road is derived from the plattor’s intent to provide access to the water, because building the dock aids in the access. Thus, plaintiff cannot prevent defendants from erecting a dock where the dock is within the scope of the plat’s dedication and does not unreasonably interfere with plaintiff’s use and enjoyment of property.

The testimony of residents of the subdivision that the area had historically been used to access the water, and included a dock, accords with a finding that the area was intended to be used for access to the water and that a dock was to be included.

The trial court found that the lot owners may moor boats temporarily to the dock, but this does not mean that boats may be moored overnight. It denied plaintiff’s request that the dock be removed.

Are you involved in a real estate dispute in Michigan? If you are facing a residential real estate matter, seek the advice of an experienced and skilled real estate litigation attorney at Aldrich Legal Services in Plymouth. Our attorneys have litigated literally thousands of cases. Our founding attorney, Brad Aldrich, is a knowledgeable real estate lawyer and skilled trial lawyer with more than 19 years of legal experience.

Contact Aldrich Legal Services

PROBATE 42: Dissolution of professional corporation.

This case involves the estate of a doctor whose professional corporation also had to be dissolved upon his death. The personal representative of the estate sold the company’s assets but did not pay off the company’s debts before transferring the proceeds to the estate and distributing them to the heirs.

REAL ESTATE 73: Quiet title action.

This case involves a dispute over real property located in Michigan. W and V who are D’s parents, acquired the property. In 1999, W and V conveyed the property to the Trust, to which W is the sole trustee, via a quit claim deed. At some point...

How Is Alimony Determined In A Michigan Divorce?

Originally posted on 06/22/2018. When filing for divorce in Michigan, you may seek alimony, spousal support, from their spouse whenever they require financial aid. A judge may order your spouse to pay certain alimony. However, it depends...

Is My Conviction Eligible for Expungement?

Originally posted on 10/11/2019. At one point or another, we have all made mistakes. For some people, those mistakes involved breaking the law. Convictions have a large impact on someone’s life. Beyond the sentencing ranging from...

PROBATE 45: The court held that the probate court did not err by granting summary disposition for Plaintiff, or by denying Defendant’s request for an extension of the discovery period, adjournment of mediation, and issuance of subpoenas and by dismi

This case arises out of competing petitions for probate. On November 19, 2018, Defendant initiated this case by filing a petition for probate, attaching Decedent’s death certificate and purported last will and testament, dated March 9, 2007,...

DIVORCE 57: Holding that the trial court’s factual findings were not supported by the record evidence, and thus could not stand, the court reversed, vacated the portion of the Amended Default JOD ordering defendant to pay $3,325 to plaintiff, and re

Plaintiff first testified that she and defendant purchased the marital home in 1995. At the time the first default judgment of divorce was entered in September 2017, plaintiff had the home appraised. The value of the home was determined to be...

FAMILY LAW 68: The court held that the satisfaction of the statute relating to the termination of parental rights does not necessarily provide clear and convincing evidence in a parenting time dispute that a child will be harmed by reintroduction to

In a separate case, defendant’s parents filed a petition to terminate plaintiff’s parental rights and adopt RM on the ground that plaintiff had been absent from RM’s life for over three years. One month before the petition was...

FAMILY LAW 66: The court affirmed the trial court’s retroactive child support modification as to the second credit to which plaintiff-mother admitted at the referee hearing, and reversed and remanded as to the trial court’s equitable abatement of th

The parties have two children in common, and both children are now adults. The parties were never married, but plaintiff was granted custody and defendant was ordered to pay child support. After the youngest child turned eighteen, defendant sought a...

FAMILY LAW 65: The court held that because the ECE was not altered by the change of school districts, the referee properly applied the preponderance of the evidence standard when reviewing the best interest and parenting time factors.

BASIC FACTS The parties divorced in 2018. Their judgment of divorce provided that plaintiff would have primary physical custody and that the parties would have joint legal custody of the two minor children. The judgment of divorce stated that the...

FAMILY LAW 64: The court reversed the trial court’s order granting joint physical and legal custody of the parties’ children to defendant-father, concluding that the trial court improperly conflated his motion to change custody with plaintiff-mother

The parties divorced in 2013. The judgment of divorce granted mother sole physical and legal custody and ordered that the child’s domicile would remain in Michigan. In 2015, the trial court granted mother’s motion to change domicile,...

5 Common Misdemeanors Affecting People in Michigan

Originally posted on 11/08/2019 There are many different levels of crime and the consequences once someone has been charged with them. One bracket of crimes is known as a misdemeanor. Let’s go over this level of crime and some common...

PROBATE 44: The court held that the probate court did not err by declaring a will executed by the decedent invalid on the basis that she lacked testamentary capacity to execute it and that it was the product of petitioner’s undue influence.

Defendant and Decedent met in August 2017. In approximately November 2017, Decedent began talking constantly about wanting Defendant to take her to see an attorney for the purpose of changing her will. On March 19, 2018, Defendant filed a petition...

Michigan Expungement Law Updates For 2021

There has been a new law regarding expungements for the state of Michigan.  Gov. Gretchen Whitmer signed legislation that expands the criteria for expungements related to traffic offenses, marijuana convictions, and minor...

Wills and Trusts

Originally posted on: 02/14/2014 Aldrich Legal Service provides legal advice and representation for residents in Plymouth, Ann Arbor, and Southeast Michigan. We also review recent legal cases to examine what took place and what we can...

REAL ESTATE 68: Holding that plaintiffs-buyers’ allegations of fraud in this case arising from the sale of a residence did not preclude the trial court from granting defendants’ motion for summary disposition based on a release, the court affirmed.

This cause of action arises from plaintiffs’ purchase of a residence from defendant, who had rights in the house under a land contract from co-defendant, the legal owner of the house. Before the house was for sale, in January 2018, an upstairs...

Don't let a bad decision, unfair contract, or a messy divorce get in the way of a promising future!
Contact the experienced team at Aldrich Legal Services today to schedule your free initial
consultation
and secure reliable and trustworthy representation today!
Get the Help You Need From a Team You Can Truly Count On: (734) 404-3000
734-237-6482
734-366-4405