Legal Question in Real Estate Law in Illinois

Lake Access Rights

My understanding of the Law is as long as you don't have to cross private property to get on the water you are legal. I'm looking for verification of this.

I live on a private lake. Sullivan Lake in Lakemoor, IL(Lake County). I live in a recreational community with Lake front property(about 1/3 of the shore line). We have enjoyed lake access since it's development in the 60's.

We are surrounded by a golf course that changed ownership about 3 years ago. The new management has stated that the lake is ''private property'' & they will call the police if we use it. Our people are afraid to use it. The Golf Course does own most of the ground under the lake. I think they have no legal right & are harrassing us to get us to sell our properties(which they do want to buy- since land values have skyrocketed). They recently bought & developed property next to the Golf Course(Condos).

If you cannot answer my question, maybe you can guide me to someone that can?


Asked on 7/11/08, 12:58 pm

1 Answer from Attorneys

Walter Palmer Law Office of Walter Palmer

Re: Lake Access Rights

The basic issue is what the deed deed for the community as a whole said before it was subdivided and what covenants and easements are part of your deeds.

Consult with an attorney in the area. The golf course will probably only listen to a judge, so a group of you (for financial reasons) will have to sue to get a judge to determine the rights involved. Even then there are things they can do that will feel like harassment to you that won't qualify as such under the law. If they want the property they can make life unpleasant for you until they get what they want.

If you will you will need a court order/injunction to protect your rights and enforcement is a major pain because you have to go back to enforce the order. About all I can think of is to make it too expensive for them to get what they want.

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Answered on 7/11/08, 3:37 pm


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