If a road separates houses from a waterfront park, do those houses have legal right to the land directly in front of their house in the park?

My grandmother has owned her home for almost 40 years, when the plots of land were first created a waterfront park was created for all of them to share, a road separates the plots of land from the waterfront park. She has used the park for the 40 years by putting a dock and boat on it. The government is now saying that the houses that have frontage on the road also control the land in the waterfront park, does she have any options?

Asked on June 27, 2012 under Real Estate Law, Michigan


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If thre land that your grandmother has a dock on is owned by a governmental entity, she entity can force her to remove her dock in that under the laws of all states in this country one cannot adversely possess or obtain a prescriptive easement against a governmental entity.

I suggest that you and your grandmother consult with a real estate attorney to ascertain who owns the land where your grandmother has her dock situated upon.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.