Legal Question in Real Estate Law in Minnesota
Lake Ownership Rights
I live on a small lake (100 acres)which has twelve private homes which average 10+ acres. There is a railroad along one end of the lake, so that land is also considered ''private'' and owned by the railroad. The local city owns a very small lot, which is roughly 50 feet wide by 100 feet deep. Each homeowner's lot includes a portion of the lake, so all of the land under the water is private with the exception of a small area, which is owned by the city.
My question...if the land is privately owned (and taxed), are there any rights that the home owners have to limit access to the lake? Currently there is no access through the public land. Trespassing across railroad property is very common even though it is clearly posted with no trespassing signs. If the lake isn't public because the land and water above is private, the home owners would have a much easier time controlling the trespassing with cooperation from local authorities...who currently don't want to get involved.
1 Answer from Attorneys
Re: Lake Ownership Rights
Although the lakebed may be private, the waters are public (with some rare exceptions such as some man-made lakes). The key to controlling lake usage is access. From your statement, legal public access seems most likely (and quite possible)via the city land or if the use of the railroad right of way has created a prescriptive easement (difficult, but not impossible). If this is sufficiently important to you, I suggest the homeowners jointly hire a knowledgeable attorney to work with the city and railroad to prevent these possibilities. I am one of less than 10% of Minnesota lawyers certified by the Minnesota State Bar Association as a Real Property Law Specialist. I would be happy to talk with you further. [email protected]
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