Who Owns Your Lake Shoreline?

Summer lake house who owns your lake shoreline

Having property on a lake is amazing, but when it comes to the lake shoreline, someone else –  depending on the situation – may own it. For instance, some properties entitle you to use the water, but not to construct a dock or other structure by the shoreline.

Before purchasing a home on the lake, make sure you ask about shoreline ownership.

Power Companies

Power companies often build lakes for hydroelectric power generation and similar uses; this means that the company owns the lake. However, they may allow the land around the lake to be sold or leased. Many times these leases are for long periods of time – such as 100 years (more on that later).

Usually, these lakes are open for recreational use. But, the power companies that own them typically instruct homeowners and visitors to follow certain restrictions and user guidelines. 

Private Property Owner

Say there is a large acreage property with a lake on it. If the lake is situated completely within the land’s perimeter, then the owner of the land also owns the lake. The lake is considered to be private property, and the owner can do with it as they wish.

Another private property example is when a home is on land that extends to the lake shoreline, but the lake itself is not part of the land purchased. 

In this instance, only the property is private. A real estate agent will be able to tell you where the property line ends and where dock construction is permitted. 

In other instances, property owners own the home, the land, and part of the shoreline. If your property includes shoreline ownership, its value could increase. 

Corps of Engineers

U.S. Corps of Engineers
Photo courtesy of The Department of Defense.

Part of the U.S. Army Corps of Engineers’ role is “planning, designing, building, and operating locks and dams.”

The Corps owns and operates more than 200 locks and dams throughout the United States, and in many instances owns the lake, shoreline, and property in the immediate area.

Although on some lakes property can be sold for private ownership and use, there are other lakes on which no private construction or ownership is allowed.

However, even if no private construction or ownership is permitted, the Corps usually provides public access boat ramps so that people can still enjoy the lake by boat. They are are also usually public campgrounds and nature areas located nearby.

Leased Lots

As previously mentioned, some entities, like power companies, own a lake and the surrounding land but offer leased lots. These leased lots can be confusing to those who do not have experience dealing with them.

If you buy a home on a power company-owned lake, the home you purchased will be yours. The land, however, may be leased from the power company. But you don’t have to worry about the length of your lease term. Many lakes will lease land in 100-year terms.  

Buying a home on a leased lot is almost a hybrid between an inheritance and a leasing agreement. 

Buyers don’t have to re-negotiate lease terms with every property purchase. Instead lease agreements, responsibilities, and property additions – like boathouses and docks – are “passed down” to the next buyer. 

An important thing to remember about leased lots though is that the original landowner (the utility company) maintains ownership of the land and lake shoreline when leasing terms expire.

Violating shoreline ownership rules and restrictions can result in fees and fines owed.

Before purchasing a home on the lake, ask your real estate agent about the shoreline. Any lake expert agent will be able to tell you who owns the shoreline and what restrictions may be in place.

Lake Property and Shoreline Ownership

Person holding set of keys with house keychain in the air

Every lake home buyer has the same question when it comes to shoreline ownership. Do you own this land, or lease it? The choice does not always belong to you.

Who Legally Owns the Land?

The owner of the lakebed and the shoreline property may have stipulations on the way they can legally offer building lots. Most owners of major, developed lakes in the United States are public utilities. Utilities such as power companies or government agencies like the U.S. Army Corps of Engineers.

In fact, some estimates show that these kinds of shoreline ownership accounts for about 90 percent of the approximately 41 million acres of lakes and reservoirs in the United States.

When a public utility builds a lake because it needs water for industrial use, such as hydroelectric power, cooling of industrial power plants, etc., the public utility, within Federal Energy Regulatory Commission (FERC) agreements, retains possession of much of the land around the lake, including shoreline areas.

The FERC may allow the public utility to only lease shoreline lots to homeowners. In other cases, the public utility is able to actually sell the lots to homeowners.

Whether they lease or sell the lot is based on the individual public utility’s agreement with the FERC regarding a particular lake. Additionally, highly detailed state or local lake protection ordinances contain restrictions covering many concerns. These concerns include how many homes can be built along shorelines, how close to the water they can be, and how wide visibility buffers must be between them.

Things to Consider with Leased Land and Shoreline Ownership

Potential lake home residents are cautioned to read the fine print on land lease documents. For instance, a lease may stipulate that if “improvements” are not made within a certain number of years, the lease could be terminated.

This means that a person who intends to eventually build a retirement home on leased land, let’s say in 40 years, may not be allowed to do so. This is because the lease could stipulate that “improvements” or building of the home must occur within 5 years.

Land leases can run for a maximum of 99 years, while some lake leases are much shorter. Sometimes running 35 or less. A mortgage lender will typically not issue a mortgage to buy or build your lake home for longer than the length of the lease on the lot. For instance, seeking a 30-year mortgage to build on a lot that is leased for 25 years is futile.

Person holding house and keys in hand while homebuyer signs leased land contract

Consideration for inheritance must include the length of the property lease and whether it is renewable. With many leases, after the lease term expires and there is no renewal option, all land and “improvements” (inclusive of houses and other structures) revert back to the organization who has issued the lease to the person.

So don’t build a lake home on leased land with no ability to renew. Also don’t expect your heirs to automatically have ownership of the lake home.

At some lakes, ownership of the ground might be an option when deciding to build a new home or purchase an existing home. There is usually more opportunity for this on a privately-owned lake, although many publicly-owned lakes offer ownership as well.

Some public utility officials say the trend at public utility-owned lakes is moving more toward selling the lots, rather than leasing them. But, only if it is allowed in the FERC agreement.

Floodplains and Your Shoreline

Keep in mind that whether leasing or buying land to build on, power companies by law must retain ownership of the floodplain. In practical terms, a floodplain is a certain number of feet of land extending from the shore of a lake.

This boundary is determined by federal and state agencies. It is vital for storm runoff, vegetation diversity, water quality, wildlife habitat, and aesthetic qualities.

Turn to an Expert

There can be many complications when it comes to purchasing or leasing property on a lake. This is why it is always best to enlist the help of a real estate agent. Specifically one who focuses on lake real estate.

A true lake specialist will be very familiar with all of the details of their lake. They will be glad to walk you through all available options and what each will mean to you as a buyer.