< Riparian and private rights

Does an easement to cross riparian property “for all lakeshore purposes” encompass the right to maintain a dock?

Schoeller v. Walker (Minn. App. A04-1828) (June 7, 2005) (unpublished).

The Walkers hold an easement to cross the Schoellers’ riparian property “for all lakeshore purposes and access to White Bear Lake.” The Court of Appeals found that this phrase unambiguously confers to the Walkers the right to maintain a dock, subject to applicable rules and regulations. The Court affirmed the district court holding that neither the Walkers nor the Schoellers have a superior docking rights, but rather that each must avoid unreasonable obstruction of the others’ use of the shoreline for docking and other lakeshore purposes.

^ top