BUT THE REALTOR TOLD ME… - Attorney Letter on Lake Access Misrepresentation

Sep 16, 2026

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Attorney Clifford H. Bloom addresses how “puffery” in real estate listings can blur into misrepresentation, especially for properties near lakes where lake access rights are involved. The letter clarifies distinctions between true lakefront/riparian property and backlots relying on easements, common-area devices, or public access. It critiques the term “deeded access,” explains typical Michigan usage limits, and recommends riparian owners notify sellers and agents through a formal attorney letter to prevent later claims of ignorance.

LanguageEnglish

CategoryLetters

FormatPDF

Pages2

Reading Time1 min

AccessFree to download

ATTORNEY WRITES

Puffery and misrepresentation in lake access sales

What qualifies as lakefront or riparian property

Types of lake access devices for backlots

The meaning and limits of “deeded access”

Typical usage rights in Michigan

Recommended action by riparian landowners

ATTORNEY WRITES by: Clifford H. Bloom Law, Weathers & Richardson, P.C. 333 Bridge Street, N.W., Suite 800 Grand Rapids, Michigan 49504 “BUT THE REALTOR TOLD ME…” “Puffery” normally means describing one’s property (whether real or personal) to a prospective purchaser in the most pleasing or alluring fashion. It is not always easy to ascertain where puffery ends, and outright fraud or misrepresentation begins. Unfortunately, there appears to be a significant amount of misinformation (and at times fraud or misrepresentation) involved with the sale of properties near lakes where a lake access is involved. Of course, both the seller and any realtor or real estate agent involved have a financial incentive in puffing up lake access rights for backlots, given the perception that the greater the lake access rights for a given backlot, the more valuable the backlot. It is rarely prudent or fair to generalize about a group of people. When it comes to realtors and real estate agents, the overwhelming majority of these professionals are hardworking, honest people. Unfortunately, a minority of such professionals do sometimes engage in misstatements or misrepresentations regarding limited rights attached to some backlot properties where lake access devices are involved. Sometimes the problems are caused by a lack of experience and knowledge on the part of the seller or the realtor or real estate agent, while at other times the deceit is purposeful. By definition, a lakefront or riparian property must have frontage on a lake, river or stream (or comparable body of water). Sometimes that water frontage involves a narrow strip of land, but nevertheless, the property must have frontage on a body of water to be riparian. A non-lakefront or backlot property for which the owners can gain access to a lake by means of an easement, road end, park, alley, walkway or other lake access device is not alakefront or riparian property. The owners of backlots normally gain access (ifat all) to the waters ofa nearby lake by means of three general types of lake access devices. First, some backlot properties actually have an easement which is created for or dedicated to that specific backlot for a relatively small number of backlots. Second, lake access devices are sometimes created in plats or other developments which service a significant number of backlots—for example, a private road end, park, private walkway or other common area. Finally, lake access is sometimes gained pursuant to public properties which can be used by any member of the public (not just backlot property owners), such as public road ends at lakes, public parks, public walkways and public alleys. Sellers of property, realtors and real estate agents often use the phrase “deeded access” to mean that a backlot has access to a nearby body of water. Unfortunately, the phrase “deeded access” is something of a misnomer and is, in my opinion, often a misleading term. “Deeded access” implies that an access site exists for one particular backlot only (or a limited number of backlots) and that the access is granted by deed, which can often imply exclusivity. However, in the overwhelming majority of cases where the phrase “deeded access” is used, that access is not contained simply within the deed of the one backlot property (but rather, is usually created via a plat dedication or other document to serve many backlots or the public) and the lake access rights are normally very limited. Different lake access devices accord backlot owners different usage rights. However, the overwhelming number of these lake access devices in Michigan only permit limited usage rights (typically, only ingress and egress—most cannot lawfully be used for installing a dock or shorestation, permanently mooring a boat, and many do not even permit lounging, sunbathing or picnicking). Of course, there are exceptions, but they are less common. What should a concerned adjoining or nearby riparian landowner d

FAQs

What is the difference between puffery and misrepresentation in property sales?

“Puffery” describes property in flattering terms, while misrepresentation involves unlawful or deceptive statements about facts. The letter notes that it can be difficult to tell where one ends and the other begins.

How does the letter distinguish lakefront/riparian property from backlot property?

Lakefront or riparian property must have frontage on a lake, river, or stream. A backlot is not lakefront/riparian if access is only available through an easement or other lake-access device rather than direct frontage.

Why does the letter criticize the phrase “deeded access”?

The term can imply exclusive, deed-based access for a limited number of backlots. The letter argues that, in most cases, the access is created through plat dedication or other documents serving many backlots or the public, with rights that are usually limited.

Sep 16, 2026

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