Thomas Haan, Connie Haan, Kristin Brooks, and Jill Rhodes v. Lake Doster Lake Association

Summary

The Michigan Supreme Court reversed the Court of Appeals and reinstated the Allegan Circuit Court’s order granting summary disposition to the Lake Doster Lake Association. The Court held that the plaintiffs’ dock-use rights arose, at most, from revocable licenses rather than permanent easements, because there was no written conveyance and the membership agreement did not clearly create an easement.

Holdings

1. The oral approvals did not create a permanent easement or other permanent interest in real property because no written conveyance manifested a clear intent to create an easement and an attempted conveyance of an interest in real estate is void if not in writing.
2. Because the formal requirements for creating an express easement were not satisfied, the oral approvals created only a revocable license rather than an easement.
3. Long-term reliance and expenditures based on the oral approvals did not create an irrevocable license or easement by estoppel.
4. The membership application did not create a permanent and irrevocable property interest in dock erection and maintenance.

Questions Presented

1. Whether oral approvals to install docks created a permanent easement or other permanent interest in real property.
2. Whether plaintiffs' reliance on the oral approvals created an irrevocable license or easement by estoppel.
3. Whether the Lake Doster Lake Association membership provision concerning continuation of “all past permitted rights” created a permanent and irrevocable dock easement.

Disposition

reversed