dissenting.
Though recognizing that the majority position finds much in its support, I must respectfully dissent.
The attachment of a boat dock to the bank of a lake requires a construction on and alteration of the bank. At the place of attachment, a dock severely restricts the use of a significant segment of the bank. Here, for example the lot owners could not use the segment of the bank occupied by this proposed dock and its moorings to enter or leave the lake or to tie up a boat of their own, and they could not use the dock because it does not belong to them. Nothing could be plainer. Moreover, the easement involved in this case is only six feet wide. This clearly shows that it is not intended for use by cars or the transportation of large watercraft. It is not intended to be used for the storage of docks, dock parts, or equipment commonly accompanying the enjoyment and maintenance of docks. It is instead a sylvan foot path, intended for the transportation of no more than what a person or two might carry and to facilitate the simplest of lakeside pleasures.
I would affirm the summary judgment of the trial court that the right of access to a lake over a six-foot wide path does not carry with it the right to construct and attach a boat dock where the path meets the water.