There is a bill that is on it's way to The Governor's Desk that will put an end to boat docking and overnight mooring at publicly owned road ends. For generations, some "back lot" owners on many inland lakes in Michigan have been putting out docks and mooring boats for long periods of time. In more recent years there have been a number of law suits fought over this practice and The Michigan Legislature has now weighed in. This is an excerpt from a representative at The Michigan Association of Realtors with the details on the new law. "Unlike previous legislative sessions, there was little fanfare with this bill. The legislation aims to codify Michigan case law in statute. Much of the divisive nature of the issue was held at bay by allowing activities such as sunbathing, picnicking, and lounging (activities prohibited by the ‘Jacobs Case’ and included in previous iterations of this bill). Most of these situations have been diffused through local governments determining the proper amount of enforcement.
Senate Bill 778 would specify that a public road end could not be used for any of the following purposes: construction, installation, maintenance, or use of boat hoists or boat anchorage devices; mooring or docking of a vessel between midnight and sunrise; or any activity that obstructed ingress to or egress from an inland lake or stream.
The bill would not prohibit any use that was expressly authorized by a recorded deed, recorded easement, or other recorded dedication, but would not permit any use that exceeded the uses authorized by the deed, easement, or dedication, or a court order. A local unit with jurisdiction over a public road could prohibit a use of a public road end that violated the bill. In addition, this legislation provides penalties, which would be up to 90 days in jail or a maximum fine of $500.
The Senate just concurred in the House Substitute changes from last week so it will be hitting the Governor’s desk soon. All indications are that he will sign it."
Senate Bill 778 would specify that a public road end could not be used for any of the following purposes: construction, installation, maintenance, or use of boat hoists or boat anchorage devices; mooring or docking of a vessel between midnight and sunrise; or any activity that obstructed ingress to or egress from an inland lake or stream.
The bill would not prohibit any use that was expressly authorized by a recorded deed, recorded easement, or other recorded dedication, but would not permit any use that exceeded the uses authorized by the deed, easement, or dedication, or a court order. A local unit with jurisdiction over a public road could prohibit a use of a public road end that violated the bill. In addition, this legislation provides penalties, which would be up to 90 days in jail or a maximum fine of $500.
The Senate just concurred in the House Substitute changes from last week so it will be hitting the Governor’s desk soon. All indications are that he will sign it."
If you're in the market for a property with "shared access" to a lake, you'll want to be sure that the deed reflects private ownership of that access or you may find yourself with more limited rights than were represented. Contact any one of our agents throughout northern Michigan to find out how to be sure you're getting deeded ownership when considering a "shared access" property.
Looks like we're on our way to an early spring and our sales are showing it! A lot of buyers are not waiting until May, June, or July so a lot of the better inventory will already be gone if you decide to wait for summer!!
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