News & Events

On every one of Indiana’s public lakes, the question of access to the lake is an issue. The land around
Simonton Lake was platted at various times over the decades starting when the descendants of Samuel
Simonton began creating lots for sale along the lake shore and ending when the lots along the channels
were platted. In your official property information, you will find the original creation date of your lot or lots.

Facts about the easements on our lake:

• There are several types of easements on “Big Simonton.”
• There are no easements on the channels or on “Little Simonton” according to data in the Elkhart County GIS System.
• There is one public boat access at the north end of C.R. 109. This is the property of the State of Indiana.

If a real estate agent or a neighbor tells you that you have an easement in your neighborhood that you can use, you really need to check it out by calling the Elkhart County Assessor’s Office.

Deeded Access vs. Deeded Easement

Deeded Access is when a resident has access to the lake through a specific property, and that
access is noted on the deed to the resident’s home or land. For example, if you purchase property near
a lake but not on the shorefront, your house might have deeded access through an easement property
to get to the lake. We have at least one deeded access easement on the lake.

• If you own a home or prperty with deeded access, you have a right to use specific land to access the lake thru property owned by someone else (on the lake).  
• If you have deeded access, this should be specifically listed on the deed to your home or land.
• You do not pay property taxes on the easement because you don’t own it. You simply have a legal right to use it.

A Deeded Easement means a person(s) owns this property for his or her(their) sole use. If you own an easement, you will pay property taxes on the land.  We have several of these on the lake.  

• No one else can use this land for access to the lake unless you allow them to do so.

Pedestrian Easement

Some real estate developers plat their lake lots so that people living in the subdivision, but not on the lake, can walk to the lake front. We have at least one pedestrian easement on the lake.

• A pedestrian easement does not include the right to place a pier at the lakefront.
• It’s like a neighborhood park. You can use it like a park to enjoy the scenery.
• Can you have this changed? For answers, call your lawyer.

Group Piers

If you are allowing other boaters purchase a slip at your pier - whether it is an access that you
own or on your own property, you are required to have a DNR permit.

Unused streets or alleys

When land was platted on Big Simonton some streets or alleys may have been laid out but, over the years, not used. We have at least one of these on the lake.

• This land belongs to Elkhart County.
• If you live near one of these never-used streets or alleys, can you use it for access to the lake or put out a pier?  For answers, call the county.
• At least one unused street is referred to as a Water Court. We believe its original purpose was allow ingress and egress for the fire department

Tradition

If you have no legal documentation to verify access, except that “everyone has always used
it” you may want to check it out at the Elkhart County GIS website (Elevate) or call the Elkhart
County Assessor’s Office.