Legal Question in Real Estate Law in Michigan
Lake Access Sites
I would like to know if there is a legal way to assume a access site from an association. My house is the only house with out lake front property. I can not get the association to agree to let me do anything with the property. (New sand, which I am willing to pay for. Picnic table, Which I have already bought. They seem to fight me on everything But I am the only one to use the site.It is rumored the site used to be deeded to the property that I own. I don't know where to began to start looking or it is possible to assume or aquire such property.
1 Answer from Attorneys
Re: Lake Access Sites
You don't make it clear whether you are dealing with a neighborhood association or a condominium arrangement.
I assume that you know that the property in question is owned by the association outright. If you are not sure, your first step would be to determine exactly who owns what by doing a public records search and possibly a stake survey.
Your question points out one of the reasons that I caution my clients against buying into associations unless they are willing to take an active role in the micro-politics that is always present in these quasi-government arrangements.
If it turns out that the property is owned by the association now, it is not likely to be relevant that the parcel was once joined with your parcel, unless you have evidence of some irregularity.
In most similar cases, the best remedy is to get elected to the association's governing board or council and convince like-minded neighbors to do the same.
Good luck!
-Steve Dulan
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