QUESTION
Do I have deeded lake access (Delta County Michigan)?
Asked on Jan 05th, 2021 on Real Estate - Michigan
More details to this question:
Once its recorded is it always in force or does it have to be recorded every time? We bought a house in Nov 2020 the deed has the legal description. The previous owners deed has the legal description. But the owner before that had the legal description and a one sentence statement stating "deeded access to the lake and the north side of the dock". So do we have deeded access now or is that gone? Can we get it back? Or maybe its not necessary on our deed since it was recorded once already? Thank you, Randy
1 ANSWER
Real Estate Law Attorney serving Holland, MI
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Cunningham Dalman
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It sounds like the access to the lake and north side of the dock is an easement benefitting the property you now own. If so, it “runs with the land” so benefits whoever owns your land at a given point in time. There could be a problem if it is not mentioned in any deed over the past 40 years due to the Marketable Record Title Act. Also, it is possible, though not likely, that the deed that earlier mentioned the access made clear that the access right was personal to the owner of your land at that time and would expire upon a transfer; if it was intended to be personal it would usually not be mentioned in the deed.
Answered on Feb 01st, 2021 at 5:55 AM