Media Contact: Barbara Fornasiero; EAFocus Communications; barbara@eafocus.com; 248.260.8466

Detroit —March 24, 2025 —-With an estimated 11,000 inland lakes in Michigan, in addition to the four Great Lakes within its border, it’s no surprise that Michigan boasts a tremendous number of waterfront properties. A fall 2024 Lake Real Estate Market Report indicated nearly 105,000 lake homes and lot listings. Despite its allure, it’s not always smooth sailing for waterfront property owners. Larry Opalewski, a partner with Detroit-based business and land use law firm Dalton & Tomich, has a legal practice that includes riparian (water) rights, and he has advice for those considering the purchase of a waterfront property for a primary residence or second home: Do your homework.

“Owning a waterfront home, either as a primary residence or seasonal get-away, comes with numerous perks and plusses, but there are important items to consider before purchasing – or renovating –property on the water,” Opalewski said.

  1. Consider the mix of homeowners in the lakefront region. Whether the area consists chiefly of primary home residents or second home/seasonal residents can make a difference in the level of potential challenges. In Opalewski’s experience, areas where most residents are permanent can be less tolerant of changes or perceived transgressions by seasonal homeowners. An area filled with second homes may be more relaxed and less likely to make waves over minor issues.  
  2. Before purchasing a lakefront property, check out the area in peak season. Crowded waterways, non-resident beachgoers and loud and boisterous sandbar parties that may be commonplace throughout the summer may not present more than a passing thought to those who are purchasing a home in the fall or winter months. Also, try to meet neighbors, especially those close by to the home being considered. If a current homeowner seems chilly about neighbors or claims not to know them, that could be an indication that there may be a recent or longstanding history of ill-will.
  3. A dock may be the first clue to potential water rights issues.  Use, access to and distance from a dock poses the greatest risk for disagreements between homeowners and neighbors or beachgoers. For example, a dock located right next to or near a public access launch is likely to get the occasional boater walking on the dock or adjacent private property. If a potential homeowner knows they’d be irritated by such behavior, they should look for a home away from public access.
  4. Planning to renovate a lakefront home? Don’t do this. Building or renovating a waterfront property that minimizes or eliminates the water view of a nearby homeowner is almost certain to bring a threat of legal action in addition to bad blood in the community. The reduction of a nearby home’s property value could be grounds for a lawsuit, especially if an association or local ordinance has been breached.
  5. Check homeowner association rules and municipal ordinances regarding water rights and easements. While realtors can be very familiar with an area and even a particular home, they also have a vested interest in selling the property. Opalewski says prospective owners should also do their own due diligence. Whether it’s their own research or enlisting the services of an attorney knowledgeable on riparian rights and land use, the cost is small relative to the significant real estate investment.

“Water rights and easement disputes between lakefront neighbors generally stew for at least a year before an attorney is brought into the situation to file a lawsuit or negotiate a resolution,” Opalewski. “In Michigan, that can mean an entire summer season spent feuding over the water and the beach, rather than enjoying it. Due diligence before a purchase or renovation can save time and money in the long run.”

About Dalton & Tomich

Detroit-based Dalton & Tomich PLC is a versatile law firm representing property owners in site plan approvals, zoning appeals and land use disputes involving zoning, easements, boundary line disputes and access to water. The firm also works with lending institutions and privately held businesses and nonprofits, often in a general counsel capacity. Further, serving as a partner to religious organizations, Dalton & Tomich is a national leader in religious property law land use, notably with cases related to the Religious Land Use and Institutionalized Persons Act (RLUIPA) and denominational splits. Learn more about our services for businesses and religious organizations at https://www.daltontomich.com/.

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