Question:

Canal access blocked by neighbor in Michigan. Who has jurisdiction and what are the rules??

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Our neighbor built his dock about 18" too far into the canal (the lake is on the other side of his dock). I was planning on getting a 24' pontoon boat but it will not fit.

He spent a lot of money and this will not be pretty but his actions have lowered the value of my house and has kept me from getting the boat I want.

Any suggstions as to who to contact first to find out what the rules are and who as jurisdiction?

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7 ANSWERS


  1. Where in Michigan?  We live on a chain of lakes with a lot of canals, and I would be so angry if this happened to me!


  2. Find out what the rules are and if it is considered to be a public water way or not. If it is a public waterway go to the agency that has control of that canal. If he is in violation then the agency should handle it. If they don't get yourself a lawyer.

    Sorry for you problem.

    Oh, you should also check if there is any limit on how wide a boat can be because your pontoon boat may exceed the limit.

  3. ASK POLITELY TOO SHORTEN TO LEGAL  LENGTH IF HE REFUSES CALL THE COASTGUARD ,YOU PAID FOR YOUR HOUSE FOR WATER ACCESS SO HE'S TAKING MONEY OUT OF YOUR POCKET AND PUTTING IT IN HIS  PLUS MAKING YOU SACRIFICE ON THE BOAT YOU WANT!

  4. Army core of engineers> Dep> In Fla you can't take up more the 25% of the water way> He must of had a permits to build the dock so check with the county building dept code efforcement>

  5. You have to check with the local zoning board. If it is his property and the dock was approved by the board, he has the right to do it. But if he has easement right over public land - i.e. the canal - you may have legal redress to have the easement adjusted or terminated for violating your right-of-way.

    Either way, this could get messy. Have you tried talking to your neighbor first?

  6. Start with the Army Corps of Engineers in your area and the local US Coast Guard Safety Office. There are Federal  laws governing this. May be classed as a "hazard to navigation."

  7. First of all you should check to make sure that the canal is for public access.  If it is then you should go to your town hall and ask for a copy of your property blueprints to see exactly how much room you are actually allowed and where your property ends.  If you do this and decide your neighbor is wrong, you should talk to your town officals and they will make him take off the extra inches.

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