1 total
Easement for lake access is limited to pedestrian passage and prohibits private dock installation.
The applicants and respondents own properties near Mississippi Lake.
The respondents, who own a backlot property, share a registered easement over the applicants' waterfront property for 'lake access'.
The respondents installed a large seasonal dock at the end of the easement.
The applicants sought declarations and an injunction to remove the dock.
The Superior Court of Justice held that the easement was limited to pedestrian passage and did not permit the installation of a dock or storage of items.
The Court also found that the dock interfered with the applicants' riparian rights to access navigable waters.
The Court granted declaratory relief and a permanent injunction prohibiting the respondents from placing a dock at the terminus of the right of way.
