Are Michigan Waters Owned by the DNR?
NO! It’s a MYTH! Waters are not owned by the DNR in the same manner that it does not own the air that we breath, the rain that falls from the sky, the wind, trees, deer, elk, rabbits, fox, squirrels, partridge, ducks, geese, flowers, mushrooms, berries, etc. that are located within, over and upon the properties owned by all of us. The state owns certain lands in its own name(s) and the DNR may prevent the water above it from being trespassed upon in that capacity as private persons who own land can enforce trespass.
However, the DNR can’t come into you home and control the amount of water that you drink. No, its employees can’t come through your bathroom and shower doors and insist on hopping into your shower with you because they own the water! Please, please,…..be realistic. Embed these comments in your mind every time your hear that MYTH. No, the DNR does not own the waters of this state.
Buying Water Properties
I know what waters in Michigan are riparian and, therefore, give you title (ownership) and/or other rights in a lake or river. Just as important is that I know full well what waters do not. Those that do not give you water ownership in this state outnumber to a very large degree those that do.
Whether you are buying property from strangers or from your parents or grandparents and, its been in the family for over 50 years and there has been a dock, hoists and buoys at that location every year, it does not mean that you have ownership of the lands under the water where those items are located. Someone, someday may challenge what you think you own.
Buying Michigan Riparian Waters
I can point anyone to a RIPARIAN river or lake anywhere in the State, as versus one that very much appears to be such a body of water but is simply land owned privately by others which land is covered with water. The goal is to OWN the land you are buying and also OWN the land under your dock, boat and hoists and bottomland to the middle.
There’s no majical legal formula involved. The only concern I will have in attempting to assist you is whether you contact me soon enough so that you avoid signing any documents prior to contacting me. The whole purpose is to prevent you from buying property in which you will have no title.
Buying Water-Covered Property
Unfortunately, a large majority of Michigan waters that cover land have intentionally or otherwise been identified by the State of Michigan as riparian when they aren’t. The simple way to find out is to contact me. It’s mandatory that you be sure of what you are buying prior to ever signing any documents with anyone. It’s that serious, folks! I want you to own what you pay your hard-earned money for.
Selling Water-Covered Property
Truly, I absolutely refuse to represent anyone who is selling water property. Here’s why.
When you bought the property, there was a very large probability that you bought a 3-sided parcel where the boundaries do not close. One side, and in extreme cases two sides, are missing. You owned it all that time but never knew it. Now, you want to sell this parcel that is lacking in boundaries to someone else who thinks that they are getting a parcel of property with all sides present. You may have had the property surveyed when you bought years ago. You may have checked matters with your attorney and you received title insurance but are soon to find that it doesn’t cover riparian property. The closing went smooth. You got the price you wanted. You immediately congratulate yourself; “What a great investment!”
Years later you receive a letter from an attorney for the buyer. The parcel you sold was found to be missing the side at or near the water. You are devastated. How can it be that this parcel which has been sold and resold several times over many years that no one has ever discovered it? It may have even been referred to at the state and local levels as an All-Sports Lake. Wow, just how can that be! However, title insurance refuses to cover any damages or attorney expenses. That risk is on you.
Litigation results in either large monetary damages or you may have chosen to have the 3-sided parcel deeded back to you, or whatever. You wonder how can all of this happen when you covered everything the professionals told you to cover. Now, you are obligated to try to correct title and, you become aware of the extreme amount of money and time it will take to do so, if it is at all possible.
After the shock, worry and extreme indebtedness, you are left with little to none of what at one time you thought was a great investment. The chances of this happening to you as a seller of water property anywhere in Michigan are great. However, there is little if anything that can be done to help remedy these and other catastrophies.
I represent buyers all over the state and inform them prior to signing any documents what is or isn’t riparian. Most of the time, the remedy is simply taking extra caution to consult with me prior to ever buying water property. THE REMEDY IS JUST THAT SIMPLE!
Michigan Subdivision and Condominium Plats, and Certified Surveys
I would never recommend anyone buying any of the above lots, units or other water properties without my review of the property you intend to buy and the plat maps of the subdivision and condominiums involved, as well as surveyed lots that aren’t part of plats. The statutory provisions and resultant surveys that the state has enacted relative to waters are glaringly unconstitutional and fraudulent. I have never truly found one that isn’t, in some fashion, violating our federal laws. Prior to signing any document with a realtor or seller regarding the buying of a subdivision lot, a site condominium unit or any other property adjacent to water, I can tell you what your title is beforehand and save you from being locked into a deal that you regret forever.
3-Sided, Open-Ended Parcels of Water-Covered Lands Throughout the State
Unfortunately, 2 or 3 sides of a parcel of property is very often what you bought for your hard-earned money. However, as a current seller of one of the thousands, if not millions, of these parcels with which you may have even paid taxes on for years, finding any market for them can prove to be a nightmare.
Lender Investment in Michigan Water Property
The willingness of the mortgage markets to continue to invest in Michigan waters and adjacent lands where titles and rights as established and sold by the federal government 2 centuries ago have been so falsified and emasciated, is surprising indeed!