Whether you are looking to purchase a waterfront getaway, or you’ve had such a property in your family for generations, questions can arise regarding riparian rights and property boundaries. If a property is located in a platted subdivision, there can sometimes be questions regarding whether certain lots extend to the water’s edge of a lake or stream. This is an important question because it can determine whether certain owners have riparian rights. When these questions cannot be resolved between neighbors, courts are sometimes asked to make this determination.
When courts interpret subdivision plats, certain rules must be followed. The overarching principle is that the court must seek to effectuate the intent of the plattor. In some cases, this is relatively straightforward. If the language of a legal instrument is plain and unambiguous, it must be enforced as written, and no further inquiry is permitted. Little v Kin, 468 Mich 699, 700; 664 NW2d 749 (2003). However, if the language is ambiguous, the court may consider extrinsic evidence to determine the dedication’s scope.
Extrinsic evidence can come in many forms. For example, for newer plats, evidence regarding statements made by the plattor, or perhaps even testimony from the plattors themselves could be admissible. For older plats where direct evidence from the plattors is not available, contemporary documentation from the time of platting could be helpful. Photographs depicting the historical use of the lots could also be helpful in determining the plattor’s original intent.
Ultimately, the trier of fact will need to determine which party has built the best evidentiary record to support its interpretation of the plat. And the interpretation of the plat will likely determine who does (or does not) have riparian rights.
The attorneys at Dalton & Tomich regularly handle issues regarding platted subdivisions and riparian rights. If you have questions about your property rights, please do not hesitate to contact us. We would be happy to speak with you.
