Minnesota is called the Land of 10,000 Lakes, but that doesn’t mean you can legally access every one of them as you please. Perhaps there is a lake on a nearby property that you’d love to fish, or you simply want to spend some time in solitude at a private lake that isn’t your own. In these instances, it may be worthwhile to approach the property owner to see if an easement could be created to allow you to access the land.
While you may simply think that asking for permission is the best way to obtain access rights, the property owner isn’t really getting anything out of this exchange. When an easement is created, there are more certainties and protections for the property owner, and that appeal can make all the difference in getting the owner to agree to allowing access. In today’s blog, we take a closer look at some of the aspects that should be considered when drafting a lake access easement in Minnesota.
Minnesota Lake Access Agreements
There are a number of different scenarios in which one party may hope to enter an easement agreement with a property owner in order to receive lake access rights. Perhaps you’re a fishing guide who is hoping to fish new lakes, or you’d like to skate on your neighbor’s pond in the winter time. They may not want to grant you this access right without some protections and guarantees that can be conveyed in a well-written easement agreement. Here’s a look at some of the factors that should be included in a smart lake access agreement.
- Who, What, Where and Why - Entering a lake access agreement allows the property owner to explicitly spell out who can access their property, how this access will be achieved, when this access can occur and for what purposes. Let’s go back to the example about a fishing guide hoping to fish a private lake. Perhaps the easement states something like, “Employees with Dan’s Fishing Guide Services are permitted to access the named body of water by walking on a direct route from the marked entrance on the easternmost part of the property. Access is only allowed between 6 a.m. - 6 p.m. from Thursday-Sunday from April 1 through November 1 for the purposes of commercial fishing.” Instead of just giving permission to Dan and his company to access the lake, the easement clearly defines the rules by which Dan and his employees must adhere to in order to remain in good standing and keep this access in place.
- Easement Duration - It’s also wise to define how long the easement will remain in place. If not defined or meant to exist in perpetuity, it can impact your bottom line if you choose to sell the property, as this agreement would remain in place despite the sale, which may not be something the new buyer wants. Shorter terms also allow you to review and modify agreements as both sides learn what works and what doesn’t.
- Restrictions - An easement can also outline which types of activities are expressly prohibited. Perhaps it will say that the use of motor vehicles to access the lake or motorboats on the lake are not allowed. Again, this ensures that the burdened property owner has more say in how their land is used by the benefitted party.
- Exclusivity - The agreement may also lay out whether or not this is an exclusive access easement. Dan may enter an agreement to pay $5,000 a year to access this private lake, assuming he’ll be the only one there besides the property owner, but if it’s not stated in the agreement, the property owner may decide to allow other parties similar access rights. An easement can explain whether it is an exclusive or nonexclusive agreement.
- Upkeep Costs - If this access leads to any property damage that needs to be addressed, the easement can explain how these costs are divided between the parties. Perhaps a small bridge or wooden staircase that was created to facilitate access to the lake has become worn and unsafe due to benefitted party use. The easement can explain who is responsible for upkeep or maintenance costs that develop as a direct result of this access.
- Insurance and Liability - The easement may seek to absolve the property owner from liability in the event that the benefitted party is injured while accessing the property. Knowing that this easement greatly limits or absolves the property owner of liability can make them more likely to come to an agreement with someone seeking access rights.
If you are considering granting access rights to another party or you want to create an easement agreement with a property owner, you’ll want to have a title services team help draft this document. We’ve helped countless individuals draft fair and acceptable easement agreements, and we can do the same for you. For more information on how we can help, or for assistance with a different property issue, reach out to the team at Commercial Partners today at (612) 337-2470.