No Dock At Access Easement

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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."  In that decision, the court of appeals permitted a dock to be maintained at an access easement based upon long standing use of a dock.

On June 5, 2013, the Michigan Supreme Court vacated the portions of the court of appeals' decision holding that the defendants had established a prescriptive right to erect a dock and moor boats to the dock at the end of the easement.  You can review that order here.  The Court explained that "hostile" use could not be tacked onto a period of permissive use to satisfy the 15 year period of adversity required for an adverse possession or prescriptive easement claim.

Though I believe the Court made the correct decision, Krantz serves as a reminder of the lengths and expense often required to protect one's waterfront property rights.

 

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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