Michigan Riparian & Littoral Rights

Michigan has a lot of water--a whopping estimated 6 quadrillion gallons of fresh water. Michigan has four of the five Great Lakes which constitutes 90% of the United States' fresh surface water, and about 20% of the world's fresh surface water. It also as approximately 3,288 miles of Great Lakes coastline, more than 10,000 inland lakes and ponds and is interwoven by a 35,000-mile web of freshwater rivers, streams, and wetlands.

Michigan landowners have a legal right to use the surface waters immediately adjacent to their property. Land is riparian when it includes or is bounded by a natural watercourse. Littoral land includes or abuts a lake. These exclusive rights including the right to erect and maintain docks along the owner's shore and the right to anchor boats permanently off the owner's shore. Within a subdivision (platted property), non-riparian owners may not acquire riparian rights by conveyance or reservation, but may acquire easements, licenses, and other legal forms for right-of-way access to the water.

With so much 'blue gold,' Michigan water law has developed to regulate, divide, and protect the waters of this State. These riparian rights are a complex but crucial aspect of Michigan property law, particularly for those owning land adjacent to water bodies.

Points to Consider
Riparian rights pertain to those who own land bordering rivers, streams, and certain other watercourses.
Littoral rights apply to those who own land bordering lakes.
In Michigan, these rights grant landowners certain privileges related to the use of the adjacent water like docking, mooring, and boating.
Key Take Aways:
These rights generally include the ability to use the water for reasonable purposes, such as swimming, boating, and fishing.
Riparian owners typically have the right to install docks and moor boats, within reasonable limitations.
It is important to understand that riparian owners do not own the water itself, but rather have rights to its reasonable use.
Key Take Aways:
Reasonable Use: The exercise of riparian rights must be "reasonable" and cannot infringe upon the rights of other riparian owners or the public but the courts still have not answered what reasonable means in many situations.
Michigan courts emphasize that riparian rights are "correlative," meaning they must be shared
Public Trust Doctrine: Michigan adheres to the public trust doctrine, which recognizes the public's right to use navigable waters. This means that even private riparian owners must respect the public's right to navigation and certain other uses.
Great Lakes vs. Inland Lakes: Riparian rights along the Great Lakes differ somewhat from those on inland lakes. The Great Lakes are considered public resources, and there is a greater allowance for public use along their shorelines. Understanding Michigan's riparian rights is essential for waterfront property owners
State Regulations: The Michigan Department of Environment, Great Lakes, and Energy (EGLE) regulates activities that may impact waterways, such as dock construction and dredging. Permits may be required for certain activities.

A few of our water rights appellate victories

  • Maniaci v Diroff - Michigan Supreme Court [Link]
  • Morse v Colitti - Michigan Court of Appeals [Link]
  • LaFave v Ionia County Rd Comm'n - Michigan Supreme Court [Link]
  • Wenners v Chisolm - Michigan Supreme Court [Link] [Link]
  • Studley v Twp of Hill - Michigan Court of Appeals [Link]

Issues that often arise with riparian property include:

  • walking along and using the lake shore
  • right of direct access to lakes and streams
  • trespass, noises, and nuisances
  • docking and mooring
  • shore stations or raft anchors
  • keyholes and funneling
  • beaches, private associations, and offshore bottomland

Protect Your Rights

If you are having issues with neighbors, community members, or the public with your public or private lake access or lake front property, contact a riparian rights attorney by contacting the office today.