Access to lake surface - riparian rights

[mpb329]

Michigan I have lake front property. My neighbor does also. There is a bay that creates a shoreline with his property. He owns the bottom land of the bay. Do i have the right to paddle my canoe on the water that is over his property?

 

[LdiJ]

Michigan I have lake front property. My neighbor does also. There is a bay that creates a shoreline with his property. He owns the bottom land of the bay. Do i have the right to paddle my canoe on the water that is over his property?

I cannot clearly picture what you are talking about, but in general, everyone who lives on a lake can use the entire lake. For example, by "bottom land" do you mean the land under the water, or something else?

 

[quincy]

Michigan I have lake front property. My neighbor does also. There is a bay that creates a shoreline with his property. He owns the bottom land of the bay. Do i have the right to paddle my canoe on the water that is over his property?

How does your neighbor own the bottom land of the bay?

 

[154NH773]

This is a quote from the linked document describing Michigan water rights:

"Under the law of this state, although the riparian owner on an inland lake or stream owns
the soil under the water, he does not own the navigable water, and he does not own the
fish. So far as they are capable of ownership, they belong to the state for the benefit of
the people."

Read the entire document, as it can be more complicated than expressed in that paragraph.

http://michiganlakes.msue.msu.edu/uploads/files/FAQ%20Page/MI%20Water%20Laws.pdf

 

[xylene]

This is a quote from the linked document describing Michigan water rights:

"Under the law of this state, although the riparian owner on an inland lake or stream owns
the soil under the water, he does not own the navigable water, and he does not own the
fish. So far as they are capable of ownership, they belong to the state for the benefit of
the people."

Read the entire document, as it can be more complicated than expressed in that paragraph.

http://michiganlakes.msue.msu.edu/uploads/files/FAQ%20Page/MI%20Water%20Laws.pdf

^love^

And navigable doesn't mean steamships or something, as much as your neighbor might like to imagine.

You go and paddle OP.

 

[quincy]

This is a quote from the linked document describing Michigan water rights:

"Under the law of this state, although the riparian owner on an inland lake or stream owns
the soil under the water, he does not own the navigable water, and he does not own the
fish. So far as they are capable of ownership, they belong to the state for the benefit of
the people."

Read the entire document, as it can be more complicated than expressed in that paragraph.

http://michiganlakes.msue.msu.edu/uploads/files/FAQ%20Page/MI%20Water%20Laws.pdf

For everything you ever wanted to know about Michigan water rights, that paper pretty much covers it, huh?

You are right that Michigan water rights are complex. There is a difference between owning property on one of Michigan's Great Lakes and owning property on one of Michigan's inland lakes - and there is a difference between private inland lakes and lakes with public access and use rights established ...

... if the dispute between neighbors continues, an attorney could help settle the issue.

 

[quincy]

^love^

And navigable doesn't mean steamships or something, as much as your neighbor might like to imagine.

You go and paddle OP.

In Michigan, navigable waters are defined as public waters and non-navigable waters are defined as private waters. Whether a lake can support boating does not necessarily make it navigable, in other words.

One other note: Owners of property abutting one of the Great Lakes do not own the lake bottoms. The State does (or, rather, the State holds it in trust).