If a property owner has a lot on the lake and there is no road allowance how do you know how far up to the lake they own when the beach is for public use? I’m getting mixed thoughts when I research online, with high and low tides.
The lake doesn’t move. It stays still.
The water moves in the lake bed, much like water in a bathtub.
The lake goes up to the point of the first sign of permanent vegetation.
That point was likely determined 150 years ago.
Then, we have the 66 foot road allowance.
At that point, we have the start of private property.
Note, that when you are looking at the lake right now, the beach itself might be 100 feet, which is part of the lake bed. Then we have another 66 feet for the road allowance.
Without a Survey, you would never know what it was like 150 years ago when the lake bed was surveyed.
One of the easiest ways to imagine to difference between the lake and the land would be to imagine a Carribean island with a beach and palm trees. Run “police tape” around the trunks of all the trees closest to the ocean. That’s the actual division between the two!
Brian Madigan LL.B., Broker