If you own waterfront property, you may have heard of the phenomenon known as “keyholing” or “funneling.” Keyholing is when multiple backlot owners gain access to a body of water from a single waterfront lot. In some cases, this can come in the form of a community “park” or common area. In other cases, a waterfront owner may make private arrangements with backlot owners. While backlot owners no doubt enjoy the lake access, keyholing is generally viewed as a negative.
Keyholing is generally viewed negatively for a number of reasons. First, overuse of a keyhole lot can and often does lead to conflicts with neighboring owners. Typically, this arises from nuisance behavior coming from the keyhole lot. It can even evolve into instances of trespass. Other possible impacts can include damage to plants and animals, shoreline erosion, excess oil and gas entering the water, and even lower property values for adjacent waterfront lots.
So, what can be done about keyholing? Some platted subdivisions contain dedication language prohibiting keyholing. But more often, keyholing is dealt with through municipal ordinances. Municipalities generally have the authority to regulate keyhole development to minimize negative impacts and protect bodies of water. Michigan case law has largely upheld the statutory authority of local governments to regulate keyhole development to protect public health, safety, and welfare. In Hess v West Bloomfield Township, 439 Mich 550 (1992) the Michigan Supreme Court concluded regulation of riparian rights, such as dockage of boats, is within the township’s zoning power. In Square Lake Hills Condominium Association v Bloomfield Township, 437 Mich 310 (1991), the Supreme Court concluded “… the delegated police power authority in the township ordinance act enables townships to regulate docking and launching boats for the protection of the health, safety, and welfare of persons and property within their communities.”
What type of ordinance should be passed and how it should be passed are questions unique to each community. These decisions should be made with the advice of an attorney. If you have questions about keyholing or keyholing ordinances, please do not hesitate to contact the attorneys at Dalton & Tomich, PLC. We would be happy to speak with you.
