Dreaming of a beachfront property? Owning land bordering a lake or ocean comes with some unique legal considerations. Littoral rights define the ownership and usage privileges specific to these waterfront properties. In this blog post, we’ll dive into the world of Littoral Rights in Real Estate, unpacking what they are, and how they differ from riparian rights governing flowing water.
Littoral land refers to property bordering a large, non-flowing body of water like a lake, ocean, or sea. Littoral rights, on the other hand, are the legal privileges that come with owning this waterfront land. These rights typically include access to the water for swimming, boating, and fishing, along with the right to build certain structures on the shore, like docks or boathouses.
It’s important to remember that ownership with littoral rights usually only extends to the high-water mark, with the area between high and low tide being public trust land.
Imagine you own a beautiful seaside property. Due to your littoral rights, you might possess the privilege to construct a dock or boathouse on the land stretch between your property boundary and the high-water mark. This facilitates easier water access for swimming, fishing, or launching your boat. However, regulations might exist governing the dock’s size and type, making it crucial to consult local authorities prior to construction.
Littoral rights also guarantee your right to access and delight in public trust land, which is the area between the high and low water marks. This permits you to freely stroll along the beach, bask in the sun, swim, and participate in other recreational activities in this zone.
Riparian rights apply to properties that border flowing water, such as rivers or streams. These rights grant the landowner reasonable access and use of the water. This can include withdrawing water for domestic purposes, watering livestock, or even limited recreational activities like boating (depending on the size of the waterway).
Unlike owning the water itself, riparian rights are about benefiting from its presence. Importantly, these rights come with the responsibility to ensure reasonable water use that doesn’t significantly impact downstream riparian owners or the overall health of the waterway.
Littoral and riparian rights both grant access and use privileges for waterfront property, but the key difference lies in the type of water body. Littoral rights apply to owners bordering large, non-flowing water like lakes or oceans, offering access for recreation and potentially allowing structures like docks.
Riparian rights, on the other hand, are for owners next to flowing water like rivers, granting reasonable water use for needs like irrigation but with less emphasis on structures on the water’s edge.
Littoral and riparian lands share some qualities due to their waterfront nature, but also have distinct characteristics:
Owning waterfront property with littoral rights unlocks a world of possibilities. From building your own dock for easy water access to enjoying the sandy shores of public trust land, these rights enhance your connection to the waterfront lifestyle. Remember, when considering a beachfront property, ensure littoral rights are included to fully experience the joys of coastal living.
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