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A listing agent in Charlevoix, Michigan is marketing a lakefront property on Lake Charlevoix. The property's legal description shows the boundary line ends at the water's edge. A prospective buyer asks whether she will own the lake bottom in front of the property. Under Michigan law, which statement correctly describes ownership of the lake bottom for a private inland lake?

Correct Answer

B) The buyer will own the lake bottom to the center of the lake, as Michigan riparian law grants adjacent owners fee simple title to the bed of private inland lakes to the thread of the water

Under Michigan law, for private non-navigable inland lakes, a riparian owner typically holds fee simple title to the bed of the lake to the thread (center line) of the water body. This means the buyer would own the lake bottom in front of her property extending to the center of the lake. This ownership interest is generally conveyed with the upland property and does not require a separate deed. This is distinct from the Great Lakes, where the state holds title to the bottomlands under the Public Trust Doctrine.

Answer Options
A
The state of Michigan owns all lake bottoms of inland lakes under the Public Trust Doctrine, so the buyer will have no ownership interest in the lake bottom
B
The buyer will own the lake bottom to the center of the lake, as Michigan riparian law grants adjacent owners fee simple title to the bed of private inland lakes to the thread of the water
C
The buyer will own the lake bottom only if the seller expressly conveys it by a separate deed recorded with the county register of deeds
D
Ownership of the lake bottom is determined solely by federal navigability rules, which supersede Michigan state law for all inland lakes

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Related Topics & Key Terms

Key Terms:

lake_bottom_ownershipriparian_rightsprivate_inland_lakepublic_trust_doctrinefee_simple

Related Concepts

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Price fixing is an illegal antitrust practice in which competing real estate brokerages agree to charge the same commission rates, fees, or other pricing for their services. It is a per se violation of the Sherman Antitrust Act.

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