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Practice Of Real EstateState_specificHARD

A real estate licensee is advising a client purchasing a lakefront property in Minnesota. The licensee correctly explains several aspects of Minnesota water law. Which of the following statements about Minnesota water rights and lakefront property would be INCORRECT advice?

Correct Answer

C) You may exclude members of the public from fishing or boating on the portion of the lake in front of your property because you own the adjacent shoreline

Option C is incorrect advice and therefore the answer to this EXCEPT/INCORRECT question. Under Minnesota's public trust doctrine, the public has the right to use navigable public waters for fishing, boating, and recreation. A riparian landowner cannot exclude the public from the water surface simply because they own the adjacent shoreline. The state holds navigable waters in trust for all citizens, and riparian ownership does not confer the right to restrict public use of the water surface.

Answer Options
A
Your property boundary extends to the ordinary high water mark of the lake, not to the center of the lake
B
As a riparian owner, you have the right to make reasonable use of the lake water adjoining your property
C
You may exclude members of the public from fishing or boating on the portion of the lake in front of your property because you own the adjacent shoreline
D
Building a dock on the lake will require a permit from the Minnesota DNR under the public waters work permit program

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Related Topics & Key Terms

Key Terms:

public_trust_doctrineriparian_rightspublic_accessnavigable_waterslicensee_advice

Related Concepts

License requirements are the mandatory qualifications—including pre-licensing education, examination, and background checks—that a person must satisfy before legally practicing real estate. These requirements are established and enforced by each state's real estate commission.

Market allocation is an illegal antitrust practice in which competing real estate brokerages agree to divide markets among themselves by geographic area, property type, or price range, thereby eliminating competition.

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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