Waterfront Property Myths Buyers Should Know

We live in the misinformation age, right? You've been misinformed. I was misinformed. Oh no, oh no. When it comes to owning lakefront property in Leelanau, Grand Traverse Counties, or anywhere in northern Michigan, there's a lot of information out there, but not all of it is accurate. Let's take a look at some common myths and the actual facts related to those myths when it comes to owning waterfront property in Northern Michigan. Let's get you confident with the actual facts. Let's go, go, go! Myth number 1: Public access to lakefront is open to all. The fact is that it's important to understand, are we talking about an inland lake like Lake Leelanau, Lime Lake, etc.? Are we talking about a Great Lake like waterfront property on a bay within Lake Michigan, for example. So we're talking about an inland lake like Lake Leona, Lime Lake, Little Traverse Lake, etc. If you own property on an inland lake, unless there's a public right-of-way, a park, or you have an easement, the public or other property owners cannot freely access lakefront or the lake bottomlands. That stands in contrast to lakefront on one of the Great Lakes. So let's take Lake Michigan, for example. If you're on Northport Bay, Omeda Bay, Sutton's Bay, Grand Traverse Bay, etc., this is going to be treated slightly different, okay, because of this court case that's commonly called the Beachwalker case. In that case, an outcome of that case was that the public generally has an easement for walking lakeward, meaning from the high— what's identified as the ordinary high water mark lakeward of that, meaning toward the lake, you have the right to traverse the lakefront or the bottomlands. Okay, okay, okay, okay. Myth number 2: inland lake property lines extend to the center of the lake in the same direction as the side lot lines on dry land. Actually, they extend to the center of the lake, but they extend in a wedge-like manner. Think about how we typically slice pieces of of pi, it goes toward the middle of the lake like that, not following the exact property lines that exist on dry land. Myth number 3: All Michigan lakes have a public access or a public road end that allows the public to access the lake. Not true. Wait, what? That's not true. Not every lake has a public access in the state of Michigan. Many lakes have access points, whether they be designated public access or an access at the end of a public road, but it is not a universal rule. The idea that every lake must have an access point is a myth without legal backing. Myth number 4: Municipal jurisdiction stops at the water's edge. Again, this will depend on what you're talking about in a an inland lake versus a Great Lake. What are you talking about? What did you say? It is important to distinguish between, if we're talking about municipal authority, municipal authority extends beyond the water's edge for inland lakes. In the cases of Great Lakes, jurisdiction can be uncertain, but for inland lakes, local municipalities often have full zoning and ordinance control. If you want to see the quagmire related to jurisdiction, fiction, follow the barge case, the saga of the barge, and I've shot a YouTube video showing you that. I'll put it in the comments. Myth number 5: you do not need a permit to add sand to your beach. The fact is, as often is the case in the law, it depends. First, it depends on where you plan to put the sand. So what is the plan? Where? If you plan to put the sand lakeward, meaning toward the lake or riverward of what is considered the ordinary high water mark without getting a permit, you'll likely be in trouble for doing that. In the same way, if you plan to place that sand landward of the ordinary high water mark and it erodes or it washes into the lake or river, you also might be in violation of state or federal statutes. You also might be in violation. Police. No! If you want to add sand, to seek a permit to add sand, you must apply to different agencies depending on whether it's an inland lake or a Great Lake. If it's an inland lake or river, you have to get a permit from the Michigan Department of Natural Resources, the DNR, and the Michigan Department of Environmental Quality. If you want to seek a permit to add sand to a beach off Lake Michigan or one of its bays such as Sutton's Bay, Northport Bay, Omina Bay, Grand Traverse Bay, etc., then you must apply to the U.S. Army Corps of Engineers. One more caveat: in the case of inland lake having a direct navigable passage to one of the Great Lakes, it is possible that a permit will have to be obtained from both the Army Corps of Engineers and the Michigan Department of Natural Resources and DEQ. Myth number 6: Lake access easements grant all rights, such as the right to install a dock, moor a boat, to picnic, sunbathe, or generally relax on the waterfront. The fact is that lake access easements rarely grant beneficiaries the rights to install docks, boat moorings, the right to sunbathe or picnic. It's important to fully understand the extent of your easement. Where do you find what rights are afforded to you via the easement? You look at the deed. The deed to the property holds all the answers. Myth number 7: I don't have to worry about every detail in a buy-sell agreement because the details can be worked out later. The fact is that signed purchase agreements Buy-sell agreements for Michigan real estate are legally binding. Changes cannot be made without the written consent from both parties involved. So it's important to really get the detail of that initial purchase agreement or buy-sell agreement right, right from the beginning. Myth number 8: Asking for forgiveness rather than permission is the way to go when it comes to doing work on your lakefront waterfront property. The fact is that ignoring permits for waterfront projects is a risky move. Violating laws or ordinance can lead to severe penalties and the undoing of the project at your expense. Myth number 9: On inland lakes, riparian landowners only own to the water's edge, so anchoring a boat overnight anywhere I want is not an issue. The fact is that bottomlands adjacent to lots are typically owned by the riparian property owner on inland lakes. While temporary anchoring is allowed for recreation, permanent or overnight anchoring requires the owner's permission. Myth number 10: Since there is no local zoning ordinance related to the length of my dock, I can extend it as far out into the lake as as I like. Well, the fact is that unreasonably long docks that can interfere with the lake's navigability, or boats or vessels' ability to navigate the lake, are subject to two regulations, even if there is no local zoning ordinance. The Michigan Marine Safety Act grants the DNR the ability to order a dock removed if it interferes with the navigability of the lake. Other waterfront landowners neighbors can also make a civil case against you if your dock unreasonably interferes with their riparian rights. Always good to play well in the sandbox with your neighbors. Myth number 11: A parcel of land cannot be landlocked in the state of Michigan. The fact is that landlocked parcels or inaccessible parcels do exist both legally and practically. Today it would be rare for governing authority to allow the creation of a landlocked parcel, but land divisions that were made a long time ago could have created a landlocked parcel. And while some remedies like getting an easement might be possible, not all situations can be resolved. So it is a buyer beware type situation. And, you know, the important thing is, is that this kind of thing can be worked out in the buy-sell agreement or the purchase agreement by installing in that agreement a contingency, making the offer contingent upon working out access to the parcel. This is why those buy-sell agreements or personal purchase agreements that are legally binding are so very important. Check out my video where I talk about purchase agreements. I'll put a link in the comments. Myth number 12. The Michigan environmental regulations prevent you from grooming your waterfront beach in any way. Well, the fact is that as of July 2nd, 2012, the Michigan legislature passed PA 247, which exempts mowing and other limited shoreline management activities from the existing laws. The following activities are allowed in the area of the Great Lakes Bottomline lands lying below the ordinary high water mark and above the water's edge without a permit, subject of course to the other laws in the state of Michigan as well. I'm going to go over this at a very high level. I would encourage, if you're thinking about grooming your beach, I'll leave a link to the comments to take you to the specifics of the law. Consult that, if not an attorney, prior to doing anything with your waterfront property, but you are allowed to do certain things like mowing of vegetation that does not disturb the soil or plant roots. And then you may be able to do any one of these number of things as long as it's done in the right spot. You may be able to level sand, remove vegetation, or remove debris such as a whole bunch of fish carcasses, a whole bunch of, uh, zebra mussels, dead vegetation, trash, you know, discarded from human-made trash. All the collected debris that you do collect ought to be disposed outside of the wetland. Okay, so again, you want to get into the specifics of that, I'll put a link to the actual law in the comments. But overall, in conclusion, you need to stay informed, either owning or thinking about owning waterfront properties. It's important that you get in— involved with a real estate agent who knows waterfront properties generally and specifically to the area. It also behooves you to join some organizations whose links I will leave in the comments as well. Check out those organizations, stay informed. Your waterfront property is not only a great place to recreate and enjoy family time, etc. It's also a very valuable investment. So it's important for you to stay up to date on current events, any law changes, and that sort of thing. So, and by the way, nothing replaces a good real estate attorney in these matters. I am an agent and knowledgeable to some degree, but I am not an attorney, although I did stay at a Holiday Inn last night. Always encourage you to have a good real estate attorney as well. So I hope you found this video helpful. If you did, please leave me a comment either way, or if you have suggestions on how I can improve this video or any of my other videos related to waterfront property ownership, please leave me a comment. And as always, consider subscribing to the channel. I'm Sander Scott, your full-service realtor.