Little v. Kin

Memorandum Opinion.

We granted leave to appeal to consider the scope of defendants’ easement “for access to and use of the riparian rights to Pine Lake.” 467 Mich 899 (2002). Having reviewed the issues involved, we agree with the judgment of the Court of Appeals.

However, we write briefly to clarify the trial court’s duties on remand.

First, the trial court must determine whether the easement contemplates the construction and maintenance of a dock by defendants. In answering this question, the trial court shall begin by examining the text of the easement. Where the language of a legal instrument…