A developer in Wisconsin wants to subdivide a parcel of land along a lake into 10 residential lots. Only three of the lots will directly border the lake. The developer proposes granting 'deeded lake access' easements to the seven non-waterfront lot owners, allowing them to use a common access path to the lake. A prospective buyer of one of the non-waterfront lots asks the listing agent whether those buyers will have the same riparian rights as the waterfront lot owners. Which response is MOST accurate under Wisconsin law?
Correct Answer
B) No, because riparian rights in Wisconsin belong exclusively to owners whose parcels physically touch the navigable water; easement holders do not acquire riparian rights.
Under Wisconsin law, riparian rights attach only to parcels that physically border a navigable waterway. A non-waterfront lot owner who holds a deeded easement for lake access has contractual access rights, but does not acquire the full bundle of riparian rights that belong to the waterfront landowners. Riparian rights — such as the right to install a pier, make reasonable use of the water, and potentially own to the ordinary high-water mark — are appurtenant to the land that touches the water, not to easement interests in neighboring parcels.
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Related Topics & Key Terms
Key Terms:
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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