Michigan Riparian and Littoral Rights: What the Exam Actually Tests

Michigan has more freshwater shoreline than any state — over 11,000 inland lakes, 36,000 miles of rivers and streams, plus Great Lakes coastline. Lake and river property transactions are a substantial part of Michigan real estate practice. The exam tests riparian and littoral rights 3-5 times across the 35 state questions.

The fundamental distinction

Riparian rights apply to property bordering flowing water (rivers, streams). The owner has:

• Right to use the water (drinking, irrigation, recreation)
• Right of access to the water
• Right to use the surface water reasonably
• Bounded by the centerline of the stream (where applicable)
• Subject to other riparian owners' equal rights

Littoral rights apply to property bordering still or tidal water (lakes, oceans). The owner has:

• Right to use the water surface
• Right of access to the water
• Right to construct piers and docks (subject to regulation)
• Bounded typically by the natural shore (Michigan: ordinary high water mark for Great Lakes; varies for inland lakes)
• Subject to public trust doctrine for Great Lakes

Key Michigan-specific issues

Inland lakes:

• Michigan recognizes "reasonable use" of inland lake water shared by surrounding owners
• Lake bottoms are typically owned to the centerline by surrounding owners
• Disputes over dock placement, access, and use are common

Great Lakes shoreline:

• Public has rights to walk along the shore between the water's edge and the ordinary high water mark
• Property owners cannot exclude the public from this zone (Glass v. Goeckel ruling)
• Building setbacks and environmental regulations apply

Rivers and streams:

• Riparian owners have shared rights to flowing water
• Reasonable use limits one owner from depriving others

Disclosure obligations

Michigan licensees representing buyers of waterfront property must:

• Identify the water type (lake, river, Great Lakes)
• Explain the relevant rights (riparian vs. littoral)
• Disclose any known restrictions or disputes
• Disclose public access rights for Great Lakes properties
• Identify any easements or shared access arrangements

Common transaction issues

Lake property transactions often involve:

• Shared dock arrangements (who maintains, who pays?)
• Boat lift and boathouse permits
• Setback violations
• Public access concerns for Great Lakes properties
• Riparian disputes with neighbors

Sample exam questions

Q: A buyer is purchasing property bordering a Michigan inland lake. Which type of water rights apply to the property?

A: Littoral rights (still water). The buyer has rights to use the lake surface and access it.

Q: A Michigan property borders a flowing stream. The downstream neighbor objects to the buyer's planned irrigation use. What doctrine governs the dispute?

A: Reasonable use under riparian rights. Both owners have equal rights to reasonable use of the flowing water.

Q: A Michigan licensee represents a buyer purchasing Great Lakes waterfront property. The seller installed a fence to keep the public off the beach. What disclosure obligation applies?

A: The licensee must disclose that the public has rights to walk along the shore between the water's edge and the ordinary high water mark. The fence may violate Michigan law.

Why this matters for your career

If you practice real estate in Michigan, lake and river property transactions will be common. Understanding riparian and littoral rights:

• Protects clients from buying property with disputed rights
• Avoids licensee liability for non-disclosure
• Differentiates you from agents who don't understand the distinction

The exam tests this because Michigan's water-rich geography makes it a substantive part of practice.