Eric Guerin

Eric Guerin

Varnum LLP

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But I’ve Always Had a Dock on the Easement

For decades Michigan courts have been called upon to decide whether a waterfront easement, platted way, or similar access device permits the user to exercise riparian rights – the ability to install a dock and moor boats to...more

8/17/2015 - Appeals Easements Homeowners Permits Private Property Rights Residential Real Estate Market Riparian Rights Waterfront Properties

A “Magnificently Convoluted and Contentious” Plat

Plats continue to be a source of frustration, uncertainty and expense for owners of waterfront property. In Sims Township v. Arenac County Drain Commissioner, the Michigan Court of Appeals described a "magnificently...more

3/27/2015 - Appeals Coastal Real Estate Plat Maps Private Property Private Property Rights Public Property

Ownership of Michigan Islands

Islands, large and small, can be found in many of Michigan's rivers and inland lakes. Some islands are just large enough to support a couple of trees and others boast spectacular homes or resorts. Big or small, islands are...more

11/19/2014 - Private Property Rights Property Owners Riparian Rights

Protecting Your Lake Association

Earlier this year I wrote about a lake association facing liability for activities on a lot maintained by the association and used for lake access. You can review that post. Though there is no way for any individual or entity...more

11/10/2014 - Community Associations Lake Access

Lake Associations Beware: Access Lots Pose Liability Issues

Lake associations often have control of lots which permit lake access by back-lot owners. Those lots are typically undeveloped, overgrown and only sporadically maintained. Most lake associations are managed by volunteers...more

3/10/2014 - Homeowners' Association Lake Access Real Estate Market

Establishing A Legal Lake Level

If you are fortunate enough to own property on one of Michigan's 11,000 inland lakes you have probably been unhappy with the lake level at one time or another....more

7/11/2013 - Real Estate Development Waterfront Properties

No Dock At Access Easement

Last fall I discussed a decision of the Michigan Court of Appeals in Krantz v Terrill, in "Dock Permitted at Access Easement – No Good Deed Goes Unpunished." ...more

6/12/2013 - Adverse Possession Easements Land Titles Prescriptive Easements

Misuse Of Keyhole Lot As Marina

A dispute is brewing between riparians and backlot owners on Deer Lake in Independence Township, located in Oakland County, Michigan. ...more

6/6/2013 - Lake Access Local Ordinance Nuisance Permits Riparian Rights

Public Roads And Lake Access

All roads lead somewhere, but what type of public roads provide access to a lake? The first consideration is whether the road terminates near the shore of a lake, or whether it is a road that runs parallel to the lakeshore. ...more

5/10/2013 - Lake Access Roads

Things To Consider When Buying Waterfront Property

It is always a good idea to seek the advice of experienced counsel before purchasing any real estate. In addition to issues raised in connection with any purchase of real estate, the following are particularly relevant if you...more

2/27/2013 - Homeowners' Association Local Ordinance Plat Maps Property Ownership Surveys Title Search Waterfront Properties

No Prescriptive Right To Dock In Plat

In 1957 the Michigan Supreme Court observed that "as the Water Wonderland acquires more population it also acquires more litigation over water rights." Our population has increased, we have become more litigious, and plats...more

1/11/2013 - Easements Prescriptive Easements Riparian Rights

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