Michigan River Easement
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FAQ
Landowners typically have the right to use the water as long as such use does not harm upstream or downstream neighbors. In the event the water is a non-navigable waterway, the landowner generally owns the land beneath the water to the exact center of the waterway.
The water belongs to the public, but the river and lake beds and banks belong to the people who own the adjacent land. As for rafting, one court ruling declared that rafters need permission to float through someone else's land, or face criminal penalties.
Public Rights on Michigan WatersMichigan riparian property owners who own land on navigable inland lakes or streams own the respective bottom lands covered by water, however, they do not own the water or the fish that swim within those waters.
But the vast majority of rivers are inaccessible to the public. The person who owns the riverbank - the riparian owner - also owns the river bed. Canoeists argue no-one owns the water flowing over the river bed on which they wish to paddle.
Public ownership of physically navigable rivers, including the land up to the ordinary high-water mark, pre-dates property deeds.And as the Supreme Court ruled, private ownership of the beds and banks of navigable rivers is always subject to the public right of navigation.
Riparian rights: Those who own land that touches a natural body of water enjoy riparian rights. In Michigan, riparian rights include the right to erect docks, moor boats overnight, the right to natural accretions, and the reasonable consumptive use of water for non-commercial purposes.
While California law allows for public access to public waters, it does not grant the public the right to cross private property to reach those waters.We inform the anglers that the trespass issue is a Penal Code law and not a Fish and Game Code law.
Cottagers generally do not own property beyond the water line even though many, like you, act like they own the whole lake. With the exception of a small group of cottagers with deeded water lots, people usually build, or float, their docks over public property.
The majority of Western states allow public use of rivers that flow through private property to some degree.Rafters can float and fishermen can wade in rivers that flow through private land so long as they enter from public property. They can even leave the river and walk up to the high-water mark.