Dock and Boat Lift Placement: Know Your Rights
First, it is good to check with your local city or county government to determine whether or not there are any existing regulations that will mandate where you can and cannot put your dock. Some localities instruct you to apply for a permit before even putting a dock in the water. Many localities use local ordinances to regulate dock placement and they exist mainly to protect your rights and the rights of others. Those ordinances usually provide setbacks (setbacks are a determined distance requirement from a given line where you must place your dock in the water). Some ordinances actually define what is called a “dock use area” which sets the parameters in the water detailing where you can and cannot place your dock. If your locality does have an ordinance it is good to follow those rules unless you have an agreement with your neighbor. Whether or not your locality has an ordinance or does not, you are still entitled to certain riparian rights as a land owner.
What is a riparian? Generally speaking, If you own land that abuts to a body of water, you are considered a riparian owner with riparian rights. Those rights include use of the water for such things as boating, fishing, swimming, views, mooring, navigation, etc. With those riparian rights, however, also come riparian responsibilities. Riparian owners have a responsiblity to use their rights in a reasonable manner as it relates to other riparian owners.
Being a riparian owner does not necessarily mean that you own the lakebed, but you should check with your state DNR as some lakes do allow ownership of the lake bed and others, especially some smaller lakes have given title to certain lakebeds.
A riparian owner’s rights depend on “reasonable use” of the water. The definition of what is reasonable use can change from owner to owner. Reasonable use must be weighed against other riparian owners’ reasonable use. Your riparian rights are shared with the public’s right to use that water as well as your adjacent lot owner’s rights. In riparian rights cases, the courts often examine what “reasonable use” is and the court really must look at those issues on a case by case basis. Factors such as lot size, land lines, navigability and lake levels going up and down, views, can have an impact on what is reasonable.
Generally it is important to weigh your rights with your neighbors rights to determine what the best method of dock/boat lift placement is for you. The most common fair and equitable method of determining where to place your dock so that it does not infringe on another owner’s rights is to place your dock and boat lift at least 5′ or 10′ from the property side line extension into the water (or perpendicular from the shore line extension into the water). These methods will solve most case scenarios, but not all. If you are following these methods and your dock or your neighbor’s dock is still encroaching on your rights, the best scenario is to simply have both neighbors place their dock in the middle of their lots extending perpendicular to the shore in a “T” fashion. The bottom line here with regard to dock placement is old fashioned kindness, “be courteous to your neighbor”.
If you have a problem with your neighbor about dock placement and you cannot resolve it by talking with them. You can lobby your local municipality to help. In the end if neither of these scenarios work, you may have to take it to a court of law.