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Practice Of Real EstateState_specificHARD

A developer in Minnesota purchases a parcel of land that does not directly border a lake but is adjacent to a parcel that does have lake frontage. The developer wants to grant buyers of the inland lots the right to use the lake. Under Minnesota law, which legal mechanism would most appropriately convey lake access rights to the inland lot owners?

Correct Answer

A) A riparian easement appurtenant granted by the lakefront parcel owner in favor of the inland lots

The correct mechanism is a riparian easement appurtenant — an easement granted by the lakefront (dominant or servient, depending on framing) parcel that gives the inland lots the right to cross and use the lake access. In Minnesota, non-riparian landowners can obtain lake access through an easement granted by the riparian owner. The easement is appurtenant, meaning it runs with the land and benefits each inland lot. This is a recognized method of extending lake access rights in Minnesota real estate practice.

Answer Options
A
A riparian easement appurtenant granted by the lakefront parcel owner in favor of the inland lots
B
A water appropriation permit issued by the Minnesota DNR to each inland lot owner
C
A shoreland variance granted by the local municipality to allow non-riparian access
D
A declaration of homestead filed with the county assessor to establish riparian status for the inland lots

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Related Topics & Key Terms

Key Terms:

riparian_easementlake_accessnon_riparianeasement_appurtenantinland_lots

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