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generally neighboring landowners (or the renters of homes on that
land), family, or friends. The landowners on Lake Michigan
generally have an informal understanding that they (or their
guests, including renters of their land) may walk along Lake
Michigan on each other’s land.
IV. Easement on the Property Contributed by Petitioners in 1990
On December 31, 1990, petitioners recorded a document
(previous deed) entitled “Deed of Conservation Easement”. The
previous deed reflected an easement (previous easement) that
petitioners contributed to the Lake Traverse Conservancy (LTC)
Trust (trust). The previous easement covers the approximately
2.64 acres of the property consisting of the width of the
property at M-119 and 250 feet inland towards Lake Michigan.8
The previous deed generally restricts the building, construction,
development, or removal of trees on the portion of the property
encumbered by the previous easement (encumbered woodland), but
allows for the building of (and removal of trees for) a
3,200-square-foot garage/work space/studio and related access
road. When petitioners contributed the previous easement to the
trust, petitioners did not consider whether or how the
development of the unencumbered portion of the property would
affect the encumbered woodland.
8 The previous deed notes that an access road runs through
the previous easement to the garage, which is on a portion of the
property not covered by the previous easement.
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