Whether you wish to own a home in Michigan or Florida, you don’t have to travel far to find a waterway — and if you are a prospective home buyer hoping to purchase one of the many desirable waterfront homes in these beautiful states, there are certain rights you should be aware of.
What you may not realize is that waterfront property ownership comes with certain long-established rights known as riparian rights. According to the American Land Title Association, riparian rights affect the owners of land abutting a waterway or course and their use of the water and waterfront lands. These “common law” rights ensure that owners have the right to a reasonable use of the water for any purpose incidental to the use and enjoyment of the land, so long as the use does not materially affect the rights of others.
The words “use of the water” are key in riparian rights, since a waterfront owner does not actually own the water (or the fish that swim within it). What they do own is access to the water, and that right may be encroached upon by a neighbor’s pier, a community association, or other party.
What Do Riparian Rights Include?
While riparian laws are frequently refined and clarified by state legislatures and court systems, they continue to afford property owners several basic rights. According to the Michigan Lakes & Streams Association (MLSA), these rights in Michigan include:
- Access to the water of an inland lake or stream upon which they own riparian property
- Installation of a dock anchored to their riparian bottom land
- Anchorage of a boat on their bottom land and/or secure mooring to their dock
- Reasonable use of water from the lake or stream for strictly domestic purposes
- The right of accretions (ownership of the gradual accumulation of sand, silt, or organic matter on riparian-owned shorelines)
What Are the Limitations of Riparian Rights?
The exercise of riparian rights must be reasonable and may not encroach or infringe upon the use of the surface of a lake or stream by other riparian property owners or members of the general public. In addition, there are several limitations of riparian rights in Michigan.
The MLSA notes that riparian property owners may not:
- Anchor a raft or moor a boat on or above the bottom lands of another riparian owner
- Install a dock of an unreasonable length and/or at an angle that interferes with or limits the navigability of the water body or the riparian rights of neighboring property owners
- Dedicate the surface or any portion thereof of a lake or stream without a permit from the DEQ
- Transfer riparian rights to another person
- Restrict the use of the surface of a lake or stream by members of the public
- Build a seawall or jetty closer to the water’s edge than at the ordinary high-water mark
- Construct a seawall without a DEQ permit
- Dredge or place fill in a lake or stream without a permit from the DEQ
- Alter or modify their riparian shoreline or remove aquatic plants without a DEQ permit
Public Access
If public access to navigable water has been established by the state or a local government entity, public users may enjoy the same recreational boating and/or fishing rights and privileges as riparian property owners.
However, while the public has the right to the incidental use of riparian-owned bottom lands (the land area of an inland lake or stream which lies below the ordinary high-water mark and may or may not be covered by water), that right does not extend to the uplands of riparian property owners. The public’s right to navigation also does not include the right to anchor indefinitely off the riparian’s shoreline or to walk along the beach on inland lake shorelines that are riparian owned.
Keep in mind that riparian rights for property owners along the Great Lakes differ from those of inland lakes. Since the Great Lakes are considered public resources, access to their surface waters is open to public usage and individuals may walk along the beach line.
For more information about riparian rights in Florida, click here.
How Waterfront Property Affects Title Insurance
The sale or purchase of waterfront properties requires careful analysis by your title company to identify potential risks and determine what may be covered in the title policies. That’s why it’s imperative that title companies are well versed in riparian rights and can ensure that the proper exceptions are raised when insuring any land that borders a body of water. Exceptions are items not covered by the title insurance policy and should be reviewed and accepted by the purchaser prior to closing
Since standard title insurance does not insure riparian rights, an exception as to riparian/water rights tailored to the specific property is always required whenever land is bordered by or extends beneath a body of water. In some cases, the exception may simply be one line, such as: “This policy does not insure against the rights of federal, state, or local jurisdictions to regulate usage of the shore area.” In more involved cases, a few short paragraphs may be necessary.
Vanguard Helps You Avoid Murky Waters with Your Title Insurance Policy
Just as you can’t step into the same river twice, as the saying goes, you’ll likely find that the constantly changing nature of riparian laws makes it difficult to keep up. Fortunately, the local industry professionals at Vanguard Title Co. have the expertise to analyze the issues regarding waterfront property and help protect your significant investment.
Vanguard’s knowledgeable customer service and escrow teams are trained to answer your questions and our in-house legal counsel is uniquely poised to evaluate risk and offer practical solutions to even the most complex title matters. So, if you’ve set your sights on waterfront property, you can rest assured knowing we’re committed to nothing but smooth sailing en route to your closing.