I have a question. We purchased a house on hiway 169. Right across the road is the lake. When we purchased the property, we were told we could put a dock in the lake. Now, the DNr, says we can’t There are cabins over there, down from us all have docks. Is there a recourse we can do? All down 169 there are homes on one side. And docks across the road. I dont understand.
When we purchased the property, we were told we could put a dock in the lake.
Call a lawyer
I hate to say it but you should have engaged a lawyer before you bough. It’s likely your property doesn’t extend across the highway, you may or may not have an easement that would allow a dock. Call the lawyer now and have them do the research.
How did the DNR get involved now? Theres 2 feet of snow out there.
If your deed doesn’t show you own land on the other side of the highway, you don’t. You can’t put personal property on land you don’t own.
There might be a right of way for the road that reaches water but that doesn’t mean you can put a dock on it.
I can’t believe anyone would buy a piece of property without knowing if they had water access.
If your deed doesn’t show you own land on the other side of the highway, you don’t. You can’t put personal property on land you don’t own.
There might be a right of way for the road that reaches water but that doesn’t mean you can put a dock on it.
I can’t believe anyone would buy a piece of property without knowing if they had water access.
In all fairness there have been docks along Hwy 169 in those bays as long as i’ve been alive. He stated the seller told him he could put a dock there. He wouldn’t have any reason to doubt that. But yes, a lawyer should have been involved so thats on him.
Yea, I’m not convinced this is 100% legit but just in case I attached the DNR dock brochure.
Moral of the story, buyer beware.
Just to clarify – originally who told you that you could put in a dock? Was it the seller or the DNR?
We had some new houses go in and one of the buyers said his agent told them they could use the existing deeded access – only problem is they don’t have deeded access…
If you are referring to Mil Lacs, go out to the County GIS interactive maps. They will show you who owns the property. I checked the chunk of 169 in Crow Wing County south of Garrison with houses on one side and lake on the other. It is owned by the state of MN. There are even some docks shown on the map. They are not legal, but they are there. You could put one in and wait for the DNR to tell you that you had to take it out, or they could come by and remove it for you and you could not say a thing, because it was illegally on state owned property. Since it is on state or county owned property anyone could use it and you would not be able to complain.
I wouldn’t tie my boat up to it and leave it unattended because they could take that also.
Here is a thought, make it a floating dock. Float it a few feet off the shore with flip over bridge. Get a license for the floating dock as a boat, and since you are not connected to the shore and you are in public waters, as a boat it is perfectly legal to be anchored there. You might need a equipment box with life preservers and a light (maybe solar powered) to meet the night boating requirements. But I don’t see that there is anything to stop you, except getting a license for a long home made boat.
Just a thought…
The lake we are on up north has a bunch of this. It’s state land where the lake is but these individuals across the street put docks in. With that being said you’re placing a dock now that is available for the public to use. You can’t get upset if I’m sitting there with a cooler and fishing. If you don’t like that approach then buy actual lake frontage that you are taxed on accordingly. When there has been disputes the DNR does step in and tell the people to remove them because the state owns the land.
Boy, that’s something I for sure would have wanted to see in writing on my closing documents, before signing, as it was such an important consideration of purchase. Reminds me of a condo purchase I almost made in Sturgeon Bay, where the realtor told me that It came with one garage stall, and one assigned parking spot right next to the garage stall. As my boat wouldn’t fit in the garage, there would have been no problem with parking the boat in my supposedly assigned spot, as it would have given me access to electric, and I would have been assured of having an open parking spot when coming back late from fishing. When looking over the offer to purchase, nothing was mentioned about the assigned spot, so I called the realtor and was assured there was no problem, that it had it. Decided to double check before submitting offer, by calling the owner of the condo complex directly, and was informed there was no assigned parking, and boats had to be parked in the side field. Realtors will lie to make a sale, it’s on you to make sure that what they say is in writing. My wife’s sister owns a title company, and will tell you that you cannot ever trust what a realtor says unless it is written in the offer, or closing documents.
I looked on-x maps. If your property is the one north of garrison, then it doesn’t show you owning any lakeshore. I’d look at the deed to make sure that is correct.
Get it in writing! For anything related to real estate. If it’s not in the deed it doesn’t exist. Even if it is in the deed, you have to enforce it or it doesn’t count. Wife’s family has a lake place in Western Michigan on a small lake. Lots off of the lake have an easement through the property and the adjoining lake front neighbor’s property. Back lot owners decided that meant they could put three docks and a shed on the lakefront on the easement. Ended up in court when the lakefront neighbor wanted to sell and told the back lot folks to get their crap off the easement. In-laws were joined in the lawsuit. Two years and $20k later we prevailed and the stuff was gone. Now a friend’s son bought his grandparents place two doors down and has easement holders who want to put a dock in. Told him that if he was OK with it to write them a letter stating it was acceptable for that year only and reissue the letter annually for as long as he was on board. Will save him pain in the long run.
Since you used your full name here and it’s not a common name I found your property and property records. It doesn’t seem like you own anything across the road unless it’s in a different name. Honestly on that lake, I’d just use the public access that’s across the street and possibly get to know your neighbors and maybe make a deal with them to allow you to use their dock for occasional use.
Being on the northwest side the wind and waves can get pretty crazy up there and may not be worth the hastle/risk if you’re within walking distance to a public access anyways.
I’d chalk it up to the sellers were likely (unknowingly) breaking the law. Now the state is cracking down on it and you are the one learning that lesson.
In wisconsin, you can’t put a private dock on a public landing, also, if you own lake property in wisconsin, anyone can use your dock providing they didn’t set foot on your property, so say if someone is wading the shore, they can walk out onto your dock, it’s considered a man made obstruction on navigable water.
Is there a recourse we can do?
If you have it in writing from someone involved in the transaction, you may have some restitution due, but doubt it will end with you gaining dock access.
We had a similar issue in Hudson several years ago. Several properties (20 plus) were along the St Croix on first street. They didn’t actually own the property all the way to the river. There was an abandon railroad track between them and the river. Many of the owners put docks in even though they didn’t own the property. I believe the RR has since given the abandon property to the City of Hudson now. The owners of the properties with docks claimed they had deeded access allowing them. Some of them were real pricks about it. They didn’t have deeded access either. Some properties exchanged hands and when additional new docks were placed, there were a few complaints. It got very bitter. At the end of the day, all the docks had to be removed. Not sure they would have been if others would not have complained. Needless to say, there were lots of POd people.
2. You should have never asked the DNR. Put dock in and they probably never would have said anything unless a Karen neighbor complained. Easier to ask for forgiveness than permission. The government likes telling people what they can and cannot do, usually the latter.
She didn’t say she asked the DNR. She said she was being TOLD by the DNR.
My guess is that people have been placing their docks in the lake and using the land owned by the state to access them for years. Then, as usually happens in these “squatters rights” situations, it got taken too far and somebody asked the question to the DNR, “Can they actually do that?”
And the answer is no. Unless you can produce a deeded access agreement or other legally binding written agreement that says you have the right to put a dock there, then it just ain’t so.
I don’t see why people get all angry at the DNR or other government agency in these cases. So they’re telling you you can’t do what you shouldn’t have been doing in the first place and now you’re mad at them? Hmmmm. Kind of like getting caught speeding and telling the cop, “Well, I drive 60 in a 30 zone every day and you’ve never stopped me before, so you can’t do it now.”
Why doesn’t the DNR allow yearly rental of shoreline. Would create another avenue for revenue, have the potential to educate and improve shoreline as well as provide a tremendous value to shore side home owners?
In Alaska ‘set netters’ pay X amount for X footage of shoreline. Part of obtaining a permit process.
Is this too logical for this state?
Too easy to say ‘should have talked to a lawyer B4’ he wants help now-
Help now isn’t going to happen. Always engage an attorney for real estate transactions. It’s a modest insurance policy against painful outcomes.
I think the OP is gone. 
Looking for an attorney? 
Here is a thought, make it a floating dock. Float it a few feet off the shore with flip over bridge. Get a license for the floating dock as a boat, and since you are not connected to the shore and you are in public waters, as a boat it is perfectly legal to be anchored there. You might need a equipment box with life preservers and a light (maybe solar powered) to meet the night boating requirements. But I don’t see that there is anything to stop you, except getting a license for a long home made boat.
Just a thought…
Have fun with that one…
DT
Looking for an attorney?
Not me. I went to law school, realized that was not a career that interested me. Never took the bar, ended up in IT. I do know enough to always involve an attorney in real estate transactions. I’ve seen it make the difference between a bad deal and walking away unencumbered with an albatross.
But my statement stands that the government likes to tell people what they can and can’t do. If you don’t agree with that you’ve been living under a rock.
Isn’t that kind of the government’s job, there Tiger? If you really think about it. Or have you been living under a rock?
Grouse
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