Lakefront property owners sought to prevent backlot property owners from maintaining a fence along a pathway to the lake that bordered their properties. The pathway at issue was a 9 foot section of land that was used by defendants to access the lake. The defendants also placed a dock and boats in the water at the end of the path, which was also at issue in the case.
Plaintiffs filed the lawsuit, alleging trespass and seeking a permanent injunction requiring defendants to remove the dock, take down the fence, stop docking boats in front of plaintiffs’ property, and to refrain from future trespasses.
The evidence presented to the trial court failed to establish the plaintiffs’ ownership interest in the 9 foot strip of land. Because plaintiffs did not own the 9-foot strip, the trial court determined that the plaintiffs “do not have legal standing to maintain this lawsuit.” As such, the trial court granted defendants’ motion for summary disposition. Plaintiffs appealed the trial court’s decision.
The Court of Appeals concluded that the trial court erred by granting summary disposition to defendants with respect to plaintiffs’ claims for trespass relating to the dock and boats, and allowed plaintiffs to pursue their request for injunctive relief. The case is Gunther v Apap, Unpublished Court of Appeals Case Number 333169 (Decided October 17, 2017).
A little background on riparian rights and water law:
Riparian land is land that abuts a natural body of water. Michigan law recognizes certain riparian property rights including:
- Right to consumptive use of the water (in accordance with the reasonable use doctrine)
- Right to wharf out (install a dock)
- Right to access the water
- Right to use the surface of the water for navigation and recreation
- Right to gain or lose land through accretion and reliction
However, the above rights do not apply to land abutting the Great Lakes. Instead, title to the Great Lakes bottomlands are held by the State of Michigan in trust for the benefit of the public. Michigan law currently does not allow Great Lakes riparians to have the exclusive use of the entire shoreline.
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