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LawTalk
LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 35309
Experience:  I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
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I own 10' of shoreline on a minnesota public lake. I have

Customer Question

I own 10' of shoreline on a minnesota public lake. I have a dock there which on shore sits on my 10'. Additionally, in the water next to the dock I have one boat lift. My neighbor said I had to move my boatlift as I only have 10'. Is she crazy or does she have a valid point . I was of the understanding that the Department of Natural Resources owns the bottom of minnesota lakes...
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  LawTalk replied 1 year ago.
Good afternoon,
I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.
Having an apparatus in the water---be it a lift or a boat itself does not add to your use of the 10 feet of shoreline that you may use. Your neighbor has no standing to complain that you have something in the water of the lake.
Under MN law, when a water basin or watercourse is "navigable" as I presume your lake is, the State of Minnesota owns the bed below the natural ordinary low water level. (Lamprey v. State, 52 Minn. 1981, 53 NW 1139 [1893]; and United States v. Holt State Bank, 270 U.S. 49 [1926]).
You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.
Kindly, remember to rate my service to you. That is how I am credited for assisting you.
I wish you and yours the best in 2015,
Doug

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