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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 116710
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I am in Michigan. We have property which is part of a

Customer Question

I am in Michigan. We have property which is part of a subdivision in which the lots are platted such that the riverfront is jointly owned by all lot owners of the subdivision. Property descriptions for lots along the river state and show the lots along the river stop short of the water. The waterfront is separate from those lots. Over the years there have been disputes about this, the courts have always upheld that the waterfront is jointly held property. So now we have another round of some of these owners claiming we have no right to the waterfront. I would like some advice as to what approach these owners might use, and also what steps if any we should be taking. As it would happen we own two lots along the river ourselves; we are interested in preserving our rights to the "waterfront park" as the plat calls the property along the river.
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You know, you have precedential court rulings, meaning you can point to those rulings and tell these new owners that based on cases already decided if they choose to file the same suit as previously filed you will be filing for sanctions and attorney's fees against them for pursuing these improper claims. If there is case precedent, there is no real approach they can have, especially since there are case holdings and deed restrictions clearly in place. The court will have to uphold what the deeds state and the plat description and they will also have to follow their prior rulings.

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