How does deeded lake access work

This is one of the most frequently asked questions to Lakefront Living Realty , and it usually only occurs once there is a dispute. If you are unfamiliar with legal descriptions contained within deeds and property data, be sure to hire a qualified attorney. You must be logged in to post a comment. Skip to content. Each comes with its own unique set of advantages and drawbacks, allowing for the cottage lifestyle experience at every price point. Private Direct Waterfront is the pinnacle of cottage ownership.

As the name implies, you have direct access and exclusive ownership of your waterfront. Prices for private waterfront are premium and taxes are generally more expensive than non-waterfront properties. When a property is located on the shoreline, the riparian rights right to use the lakeshore will appear obvious; that the right to the shore belongs to the property owners.

While this is usually the case, there are instances where even homes on the lake do not include the shoreline. Sometimes a property within close proximity to a lake will have a deed that gives access to the homeowners to use the lake. These rights can include the ability to use a private beach or put in a dock. Sometimes it allows the owner to dock a boat in a specific slip or it may just allow fishing from a private dock. Not all deeded access is created equal.

To understand the riparian rights associated with the property, a potential buyers must ask questions to fully understand the specifics rights outlined in the deed. Ask Me! I Can Help! Comments 1 Subscribe to Comments Comment. In California, there are other ways easements can arise, with or without the express agreement of the property owner.

For example, you might agree to allow the next door neighbor to use your driveway to get to their house since there are no other roads allowing access. This is called an implied easement if you agree to it but do not put it in a deed.

It is called a prescriptive easement in California if the person has used your property to get access without your permission for at least five years.

Access means the right to actually go on your property. Some easements simply give someone the right to keep something on your land, while others allow access onto your property. Most utility easements, for example, give the company the right to maintain the cables or pipes, which involves access.

The neighbor holding a prescriptive easement to cross your land also is granted access. Deeded access is an easement allowing access that transfers by deed. For example, if you purchase property near a lake but not on the shorefront, your house might have deeded access through the neighboring land to get to the lake.