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Lake Oswego Real Estate Riperian Rights And Oswego Lake Rights

It is going to be a very HOT next several days and through the weekend, hitting temperatures at or close to 100 degrees. You might be wishing you lived on a body of water, or close to water.https://lakeoswegorealestateblog.wordpress.com

Riperian Rights

Every real estate agent will tell you that all the questions on the real estate exam when they obtained their license have nothing to do with actually selling real estate. Most agents remember that 43,560 sq. ft. = an acre and not much else from their exam.

One of those topics I remember from licensing 40 years ago is riperian rights. In fact, riperian, or water rights, have been an issue I’ve had to deal with in many sales I’ve made along bodies of water or when houses sit next to water.

Just because you own property that abuts to water, is on water or close to water, you may not own the rights to actually ever use the water.

Do You Have Water Rights?

On one of our hot days recently, I visited with some clients to whom I sold a house along a creek a while back. We got to talking about their “riperian” rights. I’ve sold houses with riperian rights to other clients as well but this one was a little different.

During the course of the sale, my buyers went to the appropriate county and state offices to find out if they had riperian rights. They obtained their proper paperwork showing they indeed not only had water rights but they were allowed to fish and pump water from the creek and they owned to the middle of the creek. The property at one time had an older home and sat on a large tract of land. That large tract of land had water rights. However, that piece of property was subdivided into several other pieces and those other parcels did not receive any water rights. The water rights stayed with the original parcel and with the original owner.

Obtaining Necessary Permits

The State of Oregon Water Resources Board is the agency that enforces, permits and restricts water rights. Landowners with water flowing past, through, or under their property do not automatically have the right to use that water without a permit. And in fact, the owners of those smaller parcels are not only using water but are pumping water and fishing the creek illegally if they don’t have the required permits.

Oswego Lake

Oswego Lake in Lake Oswego is managed by the Lake Corporation.

The Lake Oswego Corporation (LOC) is an organization of lake residents that manages the 415-acre Oswego Lake and its lakefront properties. The LOC is responsible for safety, water quality, maintenance, boat and operator licensing, lakefront building permits, and special events. Oswego Lake is a private lake and just because you live in Lake Oswego, does not mean you have access to the Lake or the right to use it.

The Lake Corporation owns 20 lakeside properties, dedicated easements, that supply deeded lake access privileges to over 3,000 homeowners in the surrounding area. Each easement is governed by its own individual set of by-laws and has its own volunteer board of directors. Facilities and rate structures vary from easement to easement. Before purchasing a property in Lake Oswego, you should confirm whether your property is eligible and to find out which easement(s) you are entitled to join.

Also, when you purchase a Oswego lake front property, there is a one-time $5,000 Lake Corp transfer fee plus yearly Lake Corp fees.

Do You Have A Lake Easement?

Your property, even if not directly on Oswego Lake, may have a lake easement or in some cases, several easements.  Each easement is different and may include only a picnic site, access, swim, etc. easement.

I have recently heard that there have been several buyers who recently purchased Lake Oswego real estate thinking they had the right to use Oswego Lake when in fact they didn’t.  The main reason they purchased the property was to be able to put their boat on the lake. When purchasing Oswego Lake property, make sure you check to determine not only if you have the right to use the lake or if you have an easement, and the type of easement you can enjoy.

Current Easement Association Information

ALDER POINT CLUB
BLUE HERON EASEMENT
BRYANT PARK
FOREST HILLS EASEMENT
GOODIN EASEMENT
LAKEVIEW RECREATION
LAKEWOOD BAY COMMUNITY CLUB
LAKEWOOD YACHT CLUB
MAPLE CIRCLE EASEMENT
NORTH LAKE CLUB EASEMENT
OSWEGO LAKE VILLAS
OSWEGO SHORE ESTATES
PALISADES PARK
SOUTH SHORE GLEN
SOUTHVIEW CLUB
SPRINGBROOK EASEMENT
SUMMIT COURT EASEMENT
UPLANDS EASEMENT
VILLAGE ON THE LAKE
WOODSIDE CIRCLE

Oswego Lake Swim Parks

Lake Grove Swim Park

City of Lake Oswego Swim Park

Oswego Lake Properties For Sale

Looking to enjoy Oswego Lake?  Here are Lake Oswego properties that are on Oswego Lake (limited # of views).

Search For Real Estate

I have a new search site available to find Portland metro and all outlying properties for sale.  You can view RMLS™ information here. My website is also available.

Thinking of Selling Your Lake Oswego Home?

Prices are increasing at a fast pace in Lake Oswego. Interest rates are still low and there is a huge pool of buyer demand. I have ready, willing and able buyers ready to purchase your home. If you want to know the value of your home in today’s real estate market, please call me at 503-804-9685.

Moving to Lake Oswego?

Want to know more about Lake Oswego? I’d love to be your buyer’s agent, please give me a call at 503-804-9685.

I have worked in Lake Oswego as a Real Estate Broker since 1975 and have lived in Lake Oswego since 1988 and know all the neighborhoods! The real estate market is “hot” here in the Portland metro area and Lake Oswego. I am ready to assist you with all your real estate needs! “There is no substitute for experience.”

ALL ABOUT…..Lake Oswego Real Estate. Copyright 2008-2016. Betty Jung. All Rights Reserved. Use of this article, photos and images without permission is a violation of Federal copyright laws.

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Lake Oswego Real Estate Should Oswego Lake Stay Private Or Be Open To The Public

There’s a lot of talk in the City of Lake Oswego about its Comprehensive Plan.There are committees currently discussing how to proceed with the future development of the City of Lake Oswego. One thing that isn’t being discussed, is that perhaps Oswego Lake should be a public lake and not a private one as it is now.Lake Oswego Real Estate Should Oswego Lake Stay Private Or Be Open To The Public.lakeoswegorealestateblog.wordpress.comLake Oswego currently has a lot on its plate to consider.  I can only imagine the controversy and head-butting this will raise in the City of Lake Oswego.

There was a recent article in the Lake Oswego Review that has stirred up this debate and it already has a lot of comments against it being a public lake posted on the site.

Oswego Lake

As a Lake Oswego Real Estate agent, I find this topic interesting. The exclusivity of Oswego Lake has been enjoyed by those who have lake rights and has not been open to the public.  Many of those homes, I believe around 3,000 Lake Oswego houses, enjoy lake rights and have exclusive access to Oswego Lake.

Oswego Lake History

Oswego Lake is a private lake (an expansion of an earlier natural lake, named Waluga (wild swan) by Clackamas Indians managed by the Lake Oswego Corporation.  Houses with views of Oswego Lake and lake-shore property are very expensive. The lake is navigable, with a dock at the east end where boaters can disembark and walk to the nearby businesses. The main canal from the Tualatin River was dug in the early part of the century.

There’s an out-of-print book I refer to a lot on this blog about Lake Oswego. In the book, Oregon’s Iron Dream by Mary Goodall, it doesn’t sound as if the lake was always private.

She writes:

“When the properties around the lake shore were first put on the market, they were offered for the purpose of building summer cottages for weekend or summer vacation living.  It was not long before the public realized the beauty of the woodland setting and the lake as a place for swimming and boating“.

“Since that time, a strict program of guarding the lake for sanitation and general safety has evolved.  One of the wisest steps taken by those who promoted the property was the dedication of several easements on the lake shore where residents in a prescribed area not fronting directly on the water can enjoy its advantages”.

I don’t know if the public actually were able to access the lake or not in the past, but I am assuming if they found out about Oswego Lake, they wanted to enjoy it as well.

Oswego Lake As A Public Lake?

There was a recent Oregonian article by Todd Prager about Oswego Lake becoming accessible to the public. Reconnecting people with water for recreation has been identified as a public priority, yet Oswego Lake is not currently being considered by the city as a resource for meeting this need.

While the historical assumption has been that the lake is privately owned and access can be limited by a private corporation, the law appears to say otherwise.

The Oregon Department of State Lands, the entity with jurisdiction over water accessibility matters in Oregon, recently confirmed a 2005 State Attorney General opinion that “water in a river or lake belongs to the state of Oregon. For this reason, the public can use the surface of a river or lake for any legal purpose once they have gained lawful entry.

The city of Lake Oswego owns a significant amount of lakefront property and could provide this lawful access.

Oswego Lake Issues

There are other issues in regards to Oswego Lake that could or should be addressed:

Natural resources: Oswego Lake is arguably the city’s most precious natural resource, yet it is not currently recognized by the city as such. This is in stark contrast to the rest of the community where the city maps and tightly regulates trees, streams and other natural resources on private property.

Zoning: Oswego Lake currently has no zoning. This means that the city has no oversight whatsoever on development in the lake. Again, this is in stark contrast to the rest of the community where private development is tightly regulated by the city.

Is it right for some areas of our community to be free from city regulations while others have to abide by a strict set of rules? These and many other issues merit open community discussions before Lake Oswego’s roadmap for the future is complete.

Exclusivity Of Lake Front Homes

What do you think?  Should Oswego Lake be a public lake as the “law” apparently dictates?

Looking for a Lake Oswego lakefront home?  Give me a call at 503-804-9685 to start your search.

Search For Real Estate

I have a new search site available to find Portland metro and all outlying properties for sale.  You can view RMLS™ information here.

Thinking of Selling Your Lake Oswego Home?

Prices are increasing at a fast pace in Lake Oswego. Interest rates are still low and there is a huge pool of buyer demand. I have ready, willing and able buyers ready to purchase your home. If you want to know the value of your home in today’s real estate market, please call me at 503-804-9685.

Moving to Lake Oswego?

Want to know more about Lake Oswego? I’d love to be your buyer’s agent, please give me a call at 503-804-9685.

I have worked in Lake Oswego as a Real Estate Broker since 1975 and have lived in Lake Oswego since 1988 and know all the neighborhoods! The real estate market is “hot” here in the Portland metro area and Lake Oswego. I am ready to assist you with all your real estate needs! “There is no substitute for experience.”

ALL ABOUT…..Lake Oswego Real Estate. Copyright 2008-2016. Betty Jung. All Rights Reserved. Use of this article, photos and images without permission is a violation of Federal copyright laws.

Contact Betty Jung

Betty Jung, Broker
REALTOR®
CRS, GRI, ABR, SRES, CNHSS

Summa Pacific Cascade
4949 Meadows Rd. #100
Lake Oswego, Oregon 97035

Licensed in the State of Oregon

503-804-9685 Cell

or email:betty@bettyjung.com

"Selling Real Estate Since 1978. There Is No Substitute For Experience!"

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