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You are here: Experts > Real Estate > Apartment Living/Rental > Real Estate Law (esp. Landlord-Tenant) > Michigan - private beach vs public thoroughfare
Expert: Jonathan Dever, Esq - 9/2/2008
Question
A piece of beach that sits down a bluff from a home is situated in between 2 beaches that are owned by our community association. As such, the beach with the home has always without interruption, certainly more than 22 years been used as a thoroughfare between the two beaches that flank it. The aging resident of the home has decided that he is worried about his liability if someone is injured on his beach and bluff, so he has posted signs now, suddenly after many continuous years of being an open beach as well as public thoroughfare, "no trespassing, private beach".
Would the homeowners assoc have a course of action to keep this a public thoroughfare?
Answer
Perhaps. One question, why do we resort to litigation to solve a problem? The reason for the posting is clear, he is worried about liability. Why not get an easement or lease and an insurance policy that covers him. You both win and it will save tens of thousands in legal fees.
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